- Collection:
- Georgia Government Publications
- Serial:
- Journal of the House of Representatives of the State of Georgia.
- Title:
- Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 9, 1989 and adjourned Wednesday, March 15, 1989, volume I
- Creator:
- Georgia. General Assembly. House of Representatives
- Publisher:
- [Decatur, Ga.] : [Bowen Press],
- Date of Original:
- 1989
- Subject:
- Georgia--Politics and government
- Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- state government records
- Type:
- Text
- Format:
- application/pdf
- Description:
- Includes extraordinary sessions
- External Identifiers:
- Call Number GA L404 1989 V.1
- Metadata URL:
- https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl404-b1989-bv-p1
- Digital Object URL:
- https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl404-b1989-bv-p1
- Language:
- eng
- Holding Institution:
- University of Georgia. Map and Government Information Library
- Rights:
-
Compiler's Note
The Journal of the House of Representatives regular session of 1989 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 9,1989 through February 23,1989. Volume II contains February 24, 1989 through March 15, 1989 regular session.
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 9, 1989 and adjourned Wednesday, March 15, 1989
VOLUME I
1989 Atlanta, Ga.
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1989-1990
THOMAS B. MURPHY .......................................................................Speaker
18th DISTRICT, HARALSON COUNTY
JACK CONNELL .................................................................Speaker Pro Tern
87th DISTRICT, RICHMOND COUNTY
GLENN W. ELLARD ................................................................................Clerk
HABERSHAM COUNTY
CAROLYN B. PETTUS ..........................................................Assistant Clerk
GWINNETT COUNTY
BRETT BACON ..........................................................................Journal Clerk
WILKINSON COUNTY
ELMORE C. THRASH.....................................................................Messenger
LOWNDES COUNTY
BEN JESSUP ...................................................................................Doorkeeper
BLECKLEY COUNTY
EDWARD C. MOSES...........................................................Sergeant-at-Arms
MONTGOMERY COUNTY
MONDAY, JANUARY 9, 1989
HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 9, 1989
The Representatives-elect of the General Assembly of Georgia for the years 1989-1990 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by the Honorable Glenn W. Ellard, Clerk of the House of Representatives.
Prayer was offered by the Reverend Neal Brown, Pastor, Waco Baptist Church, Waco, Georgia.
The following communication from the Honorable Max Cleland, Secretary of State, certifying the Representatives-elect for the years 1989-1990, was received and read:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached nine pages of typewritten matter are a true and correct list of the State Representatives as elected in the November 8, 1988 General Election; all as the same appear of 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 18th day of November, 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 Thirteenth.
(SEAL)
M Max Cleland Secretary of State
STATE REPRESENTATIVES ELECTED TO THE GENERAL ASSEMBLY NOVEMBER 8, 1988 GENERAL ELECTION
DISTRICT COUNTIES
POST NO. NAME
1
Portion of Dade, Portion
of Walker
1
*Mike Snow (D)
1
Portion of Dade, Portion
2
*Robert H. (Bob) McCoy (D)
JOURNAL OF THE HOUSE,
DISTRICT COUNTIES
POST NO. NAME
of Walker
2
Portion of Catoosa
McCracken (Ken) Poston, Jr. (D)
3
Portion of Catoosa, Murray,
Portion of Whitfield
Charles (Judy) Poag (D)
4
Fannin, Gilmer, Lumpkin,
Rabun, Towns, Union
1
*Carlton H. Colwell (D)
4
Fannin, Gilmer, Lumpkin,
Rabun, Towns, Union
2
*Ralph Twiggs (D)
5
Chattooga, Portion of Dade,
Portion of Walker
*John G. Crawford (D)
6
Portion of Whitfield
1
*Jim Tyson Griffin (D)
6
Portion of Whitfield
2
*Philip A. (Phil) Foster (D)
7
Gordon
"James Beverly Langford (D)
8
Portion of Cherokee, Pickens
1
Steve Stancil (R)
8
Portion of Cherokee, Pickens
2
*W. G. (Bill) Hasty, Sr. (D)
9
Dawson, Portion of Gwinnett,
1
Wye Orr (D)
Hall
9
Dawson, Portion of Gwinnett,
Hall
2
*Bobby Lawson (D)
9
Dawson, Portion of Gwinnett,
Hall
3
"Jerry D. Jackson (D)
10
Portion of Cherokee, Forsyth
*Bill H. Barnett (D)
11
Portion of Banks, Habersham,
1
*Bill Dover (D)
Stephens, White
11
Portion of Banks, Habersham,
2
*Mary Jeanette Jamieson (D)
Stephens, White
12
Portion of Banks, Jackson
*Lauren (Bubba) McDonald, Jr. (D)
13
Portion of Clarke, Franklin,
Hart, Portion of Madison
1
*Louie Clark (D)
13
Portion of Clarke, Franklin,
Hart, Portion of Madison
2
Karen Osborne Irwin (D)
14
Elbert, Portion of Madison,
Oglethorpe
"Charles W. Yeargin (D)
15
Portion of Bartow, Portion
of Floyd
1
*E. M. (Buddy) Childers (D)
15
Portion of Bartow, Portion
of Floyd
2
"Forrest L. McKelvey (D)
16
Portion of Floyd
"Paul E. Smith (D)
17
Portion of Polk
"Bill Cummings (D)
18
Haralson, Portion of
Paulding, Portion of Polk
"Thomas B. Murphy (D)
19
Portion of Bartow
"Boyd Pettit (D)
20
Portion of Cobb
1
Jack Vaughan (R)
20
Portion of Cobb
2
Gresham Howren (R)
20
Portion of Cobb
3
"Herman Clark (R)
20
Portion of Cobb
4
"Steve Thompson (D)
MONDAY, JANUARY 9, 1989
DISTRICT COUNTIES
20
Portion of Cobb
21
Portion of Cobb
21
Portion of Cobb
21
Portion of Cobb
21
Portion of Cobb
21
Portion of Cobb
22
Portion of Fulton
23
Portion of Fulton
24
Portion of Fulton
25
Portion of Fulton
26
Portion of Fulton
27
Portion of Fulton
28
Portion of Fulton
29
Portion of Fulton
30
Portion of Fulton
31
Portion of Fulton
32
Portion of Fulton
33
Portion of Fulton
34
Portion of Fulton
35
Portion of Fulton
36
Portion of Fulton
37
Portion of Fulton
38
Portion of Fulton
39
Fulton
40
Fulton
41
Portion of Douglas, Portion
of Paulding
42
Portion of Douglas
43
Fayette
44
Portion of DeKalb
45
Portion of DeKalb
46
Portion of DeKalb
47
Portion of DeKalb
48
Portion of DeKalb
49
Portion of DeKalb
50
Portion of DeKalb
51
Portion of DeKalb
52
Portion of DeKalb
53
Portion of DeKalb
54
Portion of DeKalb
55
Portion of DeKalb
56
Portion of DeKalb
57
Portion of DeKalb,
POST NO. NAME
5
Earl Ehrhart (R)
1
"Fred Aiken (R)
2
"Johnny Isakson (R)
3
*Bill Atkins (R)
4
*Johnny Gresham (R)
5
*Tom Wilder (R)
* Dorothy Felton (R)
*Luther S. Colbert (R)
*Kil Townsend (R)
"John M. Lupton (R)
*Jim Martin (D)
*Dick Lane (D)
*Bob Holmes (D)
*Grace W. Davis (D)
*Nan Orrock (D)
"Mable Thomas (D)
"Helen Selman (D)
*Lanett Stanley (D)
"Tyrone Brooks (D)
*J. E. (Billy) McKinney (D)
Barbara H. Couch (D)
*Georganna T. Sinkfield (D)
*Lorenzo Benn (D)
Ralph David Abernathy, III (D)
Cynthia Ann McKinney (D)
"Charlie Watts (D)
"Thomas "Mac" Kilgore (D)
"Paul W. Heard, Jr. (R)
"John Linder (R)
"Max Davis (R)
Doug Teper (D)
"Chesley V. Morton (R)
"Betty Jo Williams (R)
"Tom Lawrence (R)
"Frank L. Redding, Jr. (D)
Thurbert E. Baker (D)
"Eleanor L. Richardson (D)
"Mary Margaret Oliver (D)
"Juanita T. Williams (D)
"Betty J. Clark (D)
"Betty Aaron (D)
1
"Troy A. Athon (D)
JOURNAL OF THE HOUSE,
DISTRICT COUNTIES
Rockdale
57
Portion of DeKalb,
Rockdale
57
Portion of DeKalb,
Rockdale
58
Portion of DeKalb
59
Portion of Gwinnett
60
Portion of Gwinnett
61
Portion of Gwinnett
62
Portion of Gwinnett
63
Portion of Gwinnett
64
Barrow, Portion of
Gwinnett
65
Walton
66
Morgan, Portion of Newton,
Oconee
67
Portion of Clarke
68
Portion of Clarke
69
Portion of Carroll
70
Portion of Carroll
Portion of Douglas
71
Portion of Carroll
Portion of Coweta
72
Clayton
72
Clayton
72
Clayton
72
Clayton
72
Clayton
73
Portion of Henry
74
Portion of Newton
75
Portion of Coweta, Portion
of Pike, Portion of Spalding
76
Portion of Spalding
77
Portion of Coweta, Heard,
Portion of Troup
78
Butts, Portion of Henry,
Lamar
79
Portion of Pike, Upson
80
Portion of Crawford, Jasper,
Portion of Jones, Monroe
81
Portion of Troup
82
Glascock, Portion of
Jefferson, Lincoln,
Taliaferro, Warren,
Wilkes
POST NO. NAME
*Wm. C. (Bill) Mangum, Jr. (D)
*Dean Alford (D)
"Tommy Tolbert (R) *Mike Barnett (R) Keith Breedlove (R) *Vinson Wall (R) "Charles E. Bannister (R) *Bill Goodwin (R) *John O. Mobley, Jr. (D)
"Tyrone Carrell (D) *Frank E. Stancil (D)
"Michael "Mike" Thurmond (D) "Lawton Evans Stephens (D) "Charles Thomas (D) "John Simpson (D)
Sidney Pope Jones, Jr. (R)
"William J. "Bill" Lee (D) "Jimmy W. Benefield (D) *C. E. (Ed) Holcomb (D) Clay Davis (R) "Frank I. Bailey, Jr. (D) "Wesley Dunn (D) "Denny M. Dobbs (D) John Yates (R)
"Suzi Johnson-Herbert (D) *J. Crawford Ware (D)
"Larry Smith (D)
"Marvin Adams (D)
"Wade Milam (D) "Edward D. Ricketson, Jr. (D)
MONDAY, JANUARY 9, 1989
DISTRICT COUNTIES
83
Portion of Columbia
84
Portion of Columbia,
McDuffie
85
Portion of Richmond
86
Portion of Richmond
87
Portion of Richmond
88
Portion of Richmond
89
Portion of Richmond
90
Portion of Richmond
91
Portion of Coweta,
Meriwether, Talbot
92
Portion of Muscogee
93
Harris, Portion of
Muscogee
94
Portion of Muscogee
95
Portion of Muscogee
96
Portion of Muscogee
97
Portion of Muscogee
98
Portion of Crawford,
Portion of Macon, Peach
99
Portion of Bibb
100
Portion of Bibb
101
Portion of Bibb
102
Portion of Bibb
103
Portion of Bibb
104
Portion of Jones, Twiggs,
Wilkinson
105
Portion of Baldwin
106
Greene, Hancock, Putnam
107
Portion of Baldwin, Portion
of Johnson, Washington
108
Portion of Burke, Portion
of Jefferson
109
Candler, Emanuel, Portion
of Johnson
110
Portion of Bulloch, Portion
of Burke, Jenkins, Portion
of Screven
111
Portion of Bulloch, Portion
of Screven
112
Portion of Chattahoochee,
Marion, Schley, Taylor
113
Portion of Houston
114
Portion of Houston
POST NO. NAME
*William S. "Bill" Jackson (D) *Bobby Harris (D)
"Charles W. Walker (D) *Mike Padgett (D) *Jack Connell (D) *George M. Brown (D) *Don Cheeks (D) *Dick Ransom (R) *Leonard R. "Nookie" Meadows (D)
* Calvin Smyre (D) *Roy D. Moultrie (D)
*Sanford D. Bishop, Jr. (D) "Thomas B. Buck, III (D) *Pete Robinson (D) Robert Steele (R) "Robert Ray (D)
*Denmark Groover, Jr. (D) *Frank Pinkston (D) *William C. (Billy) Randall (D) * David E. Lucas (D) *Floyd M. Buford, Jr. (D) "Kenneth (Ken) W. Birdsong (D)
*Bobby Eugene Parham (D) *George F. Green (D) *Jimmy Lord (D)
*Emory E. Bargeron (D)
*Larry J. "Butch" Parrish (D)
*John F. Godbee (D)
*Bob Lane (D)
"Ward Edwards (D)
"Ted W. Waddle (R) *Roy H. (Sonny) Watson, Jr. (D)
JOURNAL OF THE HOUSE,
DISTRICT COUNTIES
POST NO. NAME
115
Portion of Houston,
Portion of Macon
116
Sumter
117
Bleckley, Pulaski, Portion,
of Turner, Wilcox
118
Dodge, Portion of Laurens,
Portion of Telfair
119
Laurens
120
Montgomery, Portion of
Toombs, Treutlen, Wheeler
121
Evans, Long, Tattnall
122
Portion of Chatham
123
Portion of Chatham
124
Portion of Chatham
125
Portion of Chatham
126
Portion of Bryan,
Portion of Chatham
127
Portion of Chatham
128
Portion of Chatham
129
Portion of Bryan, Effingham,
Portion of Liberty
130
Portion of Chattahoochee,
Quitman, Randolph, Stewart,
Webster
131
Calhoun, Clay, Portion
of Lee, Terrell
132
Portion of Dougherty
133
Portion of Dougherty
134
Portion of Dougherty
135
Crisp, Dooly
136
Portion of Lee, Portion
of Turner, Worth
137
Ben Hill, Irwin, Portion
of Telfair
138
Portion of Tift
139
Portion of Atkinson, Coffee
140
Baker, Portion of Dougherty
Early, Miller
141
Portion of Decatur, Seminole
142
Portion of Decatur, Grady,
Portion of Thomas
143
Portion of Thomas
144
Portion of Colquit, Mitchell,
Portion of Thomas
145
Portion of Colquitt
146
Berrien, Cook, Portion
of Tift
*Larry Walker (D)
*George Hooks (D) *Newt Hudson (D)
"Terry L. Coleman (D)
*DuBose Porter (D) Fisher Barfoot (D)
"Clinton Oliver (D) "Jim Pannell (D) *Diane Harvey Johnson (D) "DeWayne Hamilton (D) *Jaek Kingston (R) *Anne Mueller (R)
*Roy L. Alien (D) Sonny Dixon (D) *George Chance (D)
"Gerald E. Greene (D)
*Bob Hanner (D)
"John White (D) "Tommy Chambless (D) "Mary Young-Cummings (D) "Howard H. Rainey (D) Ray Holland (D)
"Paul S. Branch, Jr. (D)
"Henry Bostick (D) "James C. Moore (D) "Ralph J. Balkcom (D)
"Walter E. Cox (D) "Bobby Long (D)
Theo Titus (R) *A. Richard Royal (D)
*C. J. Powell (D) "Hanson Carter (D)
MONDAY, JANUARY 9, 1989
DISTRICT COUNTIES
POST NO. NAME
147
Brooks, Echols, Portion of
Lowndes
148
Portion of Lowndes
149
Lanier, Portion of Lowndes
150
Portion of Atkinson, Portion
of Charlton, Clinch, Portion of
Ware
151
Portion of Camden, Portion
of Charlton, Portion of Ware
152
Bacon, Portion of Brantley
Portion of Camden, Pierce
153
Appling, Portion of Brantley,
Jeff Davis, Portion of
Toombs, Wayne
153
Appling, Portion of Brantley,
Jeff Davis, Portion of
Toombs, Wayne
154
Portion of Liberty
155
Portion of Glynn
156
Portion of Glynn, Mclntosh
* = Incumbent D = Democrat R = Republican
*Henry L. Reaves (D) *James M. Beck (D) *Robert L. Patten (D) "Torn Crosby, Jr. (D)
* Harry D. Dixon (D) "Tommy Smith (D) *Lundsford Moody (D)
*Roger C. Byrd (D)
"James M. Floyd (D) Ron Fennel (D) *Willou Smith (R)
The following communication from the Secretary of State was received and read:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that Curtis S. Jenkins, the Democratic Party nominee for the office of State Representative, District 80, was nominated in the Special Democratic Primary held on November 22, 1988, and was unopposed in the December 20,1988 Special Election called to fill the vacancy in such office, due to the disqualification of the Democratic nominee.
Inasmuch as there were no opposed candidates in the December 20, 1988 Special Election, no person filed notice of intent to be a write-in candidate, and no issues were to be submitted to the electorate, pursuant to O.C.G.A. Sec. 21-2-291, no election was held on said date and Curtis S. Jenkins was therefore duly elected to the office of State Representative, District 80.
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 first day of December, 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 Thirteenth.
8
JOURNAL OF THE HOUSE,
(SEAL)
1st Max Cleland Secretary of State
The roll was called and the following Representatives-elect answered to their names:
Aaron
Abernathy Adams Aiken Alford Alien Athon Atkins
Bailey Baker Balkcom Bannister Barfoot
Bargeron
Barnett.B Barnett.M Beck Benefield Benn
Birdsong Bishop Bostick
Branch Breedlove Brooks Brown Buck Buford Byrd Carrell Carter Chambless
Chance Cheeks
Childers
Clark,B
Clark.H
Clark.L Colbert Coleman Colwell Connell Couch
Crawford
Crosby
Cummings.B Cummings.M Davis.C Davis.G Davis.M Dixon.H Dixon.S Dobbs Dover Dunn Edwards Ehrhart Felton Fennel Floyd Foster Godbee Goodwin Green Greene Gresham Griffin Groover Hamilton Manner
Harris
Hasty
Heard Herbert Holcomb Holland Holmes Hooks Howren
Hudson
Irwin Isakson Jackson,J Jackson.W Jamieson Jenkins
Johnson
Jones Kilgore Kingston Lane.D Lane,R Langford Lawrence Lawson Lee Linder Long
Lord
Lucas Lupton Mangum
Martin
McCoy McDonald McKelvey McKinney.C Meadows
Milam Mobley Moody Moore Morton Moultrie Mueller Oliver.C Oliver.M
Orr Orrock Padgett Pannell Parham Parrish Patten Pettit Pinkston Poag
Porter
Poston Powell
Rainey
Randall
Ransom Ray Reaves Redding
Richardson Ricketson Robinson Royal Selman
Simpson Sinkfield
Smith,L Smith.P Smith.T
Smith.W
Smyre
Snow
Stancil.F Stancil.S Stanley Steele Stephens Teper Thomas.C Thomas.M Thompson
Thurmond Titus Tolbert Townsend Twiggs Vaughan Waddle Walker.C Walker.L Wall
Ware Watson Watts White Wilder
Williams.B
Williams,J
Yates Yeargin
Murphy.Spkr
The following oath of office was administered to the Representatives-elect by the Honorable Judge Clarence Vaughn of the Rockdale Judicial Circuit:
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia, and that I am not a member of the Communist Party.
So help me God!
The following oath of office was administered to Representative Walter E. Cox of the 141st by Judge A. Wallace Cato, Chief Judge, Decatur County Superior Court:
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
MONDAY, JANUARY 9, 1989
9
I further swear that I am not the holder of any unaccounted for public money due this state, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia, that I will support the Constitution of the United States and of this state, and that I am and have been a resident of House District 141 for the time required by the Constitution and laws of this state.
So help me God!
/a/ Walter E. Cox Honorable Walter E. Cox State Representative, District 141
Sworn to and subscribed before me this 9th day of January, 1989.
/s/ A. Wallace Cato A. Wallace Cato, Chief Judge Decatur County Superior Court
SEAL
The next order of business being the election of a Speaker of the House for the ensuing term of two years, Representative Lee of the 72nd placed in nomination the name of the Honorable Thomas B. Murphy of the 18th, which nomination was seconded by Representative Walker of the 115th.
Representative Williams of the 48th placed in nomination the name of the Honorable Johnny Isakson of the 21st.
Representative Walker of the 115th moved that the nominations be closed. The motion prevailed.
The election of the Speaker was ordered on the roll call machine and by unanimous consent, those voting for Representative Murphy should vote "aye"; those voting for Representative Isakson should vote "nay".
The vote was as follows:
Y Aaron Y Abernathy Y Adams N Aiken Y Alford
Y Alien Y Athon
N Atkins Y Bailey Y Baker Y Balkcom N Bannister
Y Barfoot Y Bargeron Y Barnett.B N Barnett,M YBeck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
N Breedlove Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B N Clark.H Y Clark.L N Colbert Y Coleraan Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby
Y Cummings.B Y Cummings.M N Davis.C Y Davis.G N Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Ehrhart N Felton Y Fennel Y Floyd Y Foster Y Godbee N Goodwin Y Green Y Greene N Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty N Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren
Y Hudson Y Irwin N Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson N Jones Y Kilgore N Kingston Y Lane.D
Y Lane.R Y Langford N Lawrence Y Lawson YLee N Linder YLong YLord Y Lucas N Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey N McKinney,B Y McKinney.C
Y Meadows YMilam
Mobley Y Moody Y Moore N Morton
10
Y Moultrie N Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
JOURNAL OF THE HOUSE,
Y Poag Y Porter Y Poston Y Powell Y Rainey Y Randall N Ransom Y Ray Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T N Smith,W Y Smyre
Y Snow Y Stancil.F N Stancil.S Y Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond N Titus N Tolbert
Townsend Y Twiggs N Vaughan N Waddle
Y Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts Y White N Wilder N Williams.B
Y Williams,J N Yates Y Yeargin
Murphy.Spkr
On the election of the Speaker, the Honorable Thomas B. Murphy received 141 votes and the Honorable Johnny Isakson received 35 votes.
Representative Mobley of the 64th stated that he wished to be recorded as voting "aye" on the preceding roll call.
The Honorable Thomas B. Murphy of the 18th, having received the majority of the votes cast, was thereby declared elected Speaker of the House for the ensuing term.
The Chair appointed as a committee to escort the Speaker to the Speaker's stand the following members:
Representatives Oliver of the 53rd, Griffin of the 6th, Smith of the 16th, Alien of the 127th, Mobley of the 64th, Herbert of the 76th, Royal of the 144th and Watts of the 41st.
The Honorable Thomas B. Murphy was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker.
The next order of business being the election of a Clerk of the House for the ensuing term of two years, Representative Buck of the 95th placed in nomination the name of the Honorable Glenn W. Ellard of Habersham County, which nomination was seconded by Representative Pinkston of the 100th.
Representative Walker of the 115th moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Glenn W. Ellard of Habersham County received 178 votes, being the entire vote of the membership present.
The Honorable Glenn W. Ellard was thereby declared elected Clerk of the House for the ensuing term.
The Chair appointed as a committee to escort the Clerk to the Clerk's stand the following members:
Representatives Dover of the llth, Jamieson of the llth, Benn of the 38th, Twiggs of the 4th, Balkcom of the 140th, Hooks of the 116th, Dixon of the 151st and Selman of the 32nd.
The Honorable Glenn W. Ellard was escorted to the Clerk's stand where the following oath of office was administered by the Speaker:
MONDAY, JANUARY 9, 1989
11
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God!
The Clerk addressed the House expressing his appreciation to the members for having elected him to his 16th consecutive term as Clerk of the House of Representatives.
The next order of business being the election of a Speaker Pro Tempore for the House for the ensuing term of two years, the name of the Honorable Jack Connell of the 87th was placed in nomination by Representative Groover of the 99th, which nomination was seconded by Representative Edwards of the 112th.
Representative Walker of the 115th moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Speaker Pro Tempore of the House, the Honorable Jack Connell received 178 votes, being the entire vote of the membership present.
The Speaker appointed as a committee to escort the Speaker Pro Tempore to the Speaker's stand the following members:
Representatives Bailey of the 72nd, Barnett of the 10th, Branch of the 137th, Chance of the 129th, Oliver of the 121st, Selman of the 32nd, Thompson of the 20th and Thurmond of the 67th.
The Honorable Jack Connell of the 87th was escorted to the Speaker's stand after which he addressed the House expressing his appreciation to the members for having elected him Speaker Pro Tempore of the House of Representatives.
The next order of business being the election of a Messenger of the House for the ensuing term of two years, Representative Beck of the 148th placed in nomination the name of the Honorable Elmore C. Thrash of Lowndes County, which nomination was seconded by Representative Watts of the 41st.
Representative Walker of the 115th moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House, the Honorable Elmore C. Thrash of Lowndes County received 178 votes, being the entire vote of the membership present.
The Speaker appointed as a committee to escort the Messenger to the well of the House the following members:
Representatives Reaves of the 147th, Patten of the 149th, Pinkston of the 100th, Padgett of the 86th, Colwell of the 4th, Carter of the 146th, Bostick of the 138th and Benn of the 38th.
The Honorable Elmore C. Thrash was escorted to the Clerk's stand where the following oath of office was administered by the Speaker:
12
JOURNAL OF THE HOUSE,
I hereby swear that I will discharge the duties of the office of the Messenger of the House of Representatives faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God!
The Messenger addressed the House expressing his appreciation to the members for having elected him Messenger of the House of Representatives.
The next order of business being the election of a Doorkeeper of the House, Representative Hudson of the 117th placed in nomination the name of the Honorable Ben Jessup, which nomination was seconded by Representative Padgett of the 86th.
Representative Walker of the 115th moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the House, the Honorable Ben Jessup received 178 votes, being the entire vote of the membership present.
The Honorable Ben Jessup was thereby declared elected Doorkeeper of the House for the ensuing term.
The Speaker appointed as a committee to escort the Doorkeeper to the well of the House the following members:
Representatives Hudson of the 117th, Padgett of the 86th, Clark of the 13th, Birdsong of the 104th, Rainey of the 135th, Dover of the llth, Wall of the 61st, Couch of the 36th, Lucas of the 102nd and Green of the 106th.
The Honorable Ben Jessup was escorted to the Clerk's stand where the following oath of office was administered by the Speaker:
I hereby swear that I will discharge the duties of the office of the Doorkeeper of the House of Representatives faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified
to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God!
The Doorkeeper addressed the House expressing his appreciation to the members for having elected him Doorkeeper of the House of Representatives.
The Honorable Edward C. Moses was appointed by the Speaker as Sergeant-at-Arms of the House of Representatives.
The Honorable Edward C. Moses was escorted to the Clerk's stand where the following oath of office was administered by the Speaker:
MONDAY, JANUARY 9, 1989
13
I hereby swear that I will discharge the duties of the office of the Sergeant-at-Arms of the House of Representatives faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God!
The Sergeant-at-Arms addressed the House expressing his appreciation for having been appointed Sergeant-at-Arms of the House of Representatives.
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 2. By Senators Kennedy of the 4th and Allgood of the 22nd:
A resolution to notify the House of Representatives that the Senate has convened.
The following Resolutions of the House and Senate were read and adopted:
HR 1. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session, has organized by the election of Honorable Thomas B. Murphy of the 18th District as Speaker and Honorable Glenn W. Ellard of Habersham County as Clerk, and is now ready for the transaction of business.
HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.
14
JOURNAL OF THE HOUSE,
HR 3. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 1989 regular session of the General Assembly of Georgia, during any period of adjournment during the 1989 regular session, during the period following final adjournment of the 1989 regular session until the convening of the 1990 regular session, during any special session prior to the regular 1990 regular session, and until otherwise provided for by resolution of the House:
Part 1.
Section 1-1. Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, chaplains, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, interns, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
Section 1-2. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
Part 2.
Section 2-1. Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's Office, the Clerk of the House is authorized to employ for the Clerk's office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, portermachinists, roll-call operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
Section 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be $46,350.00 per annum. During his tenure of office, he shall receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by him.
MONDAY, JANUARY 9, 1989
15
Part 3.
Section 3-1. Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is authorized to employ in his office interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
Part 4.
Section 4-1. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader.
Section 4-2. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year.
Section 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.
Part 5.
Section 5-1. During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the House and such other committees as he might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
Section 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairman of any such committee and shall prescribe
16
JOURNAL OP THE HOUSE,
the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
Part 6.
Section 6-1. The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives and House Research Office. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the House's Office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the House's Office.
Section 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.
Section 6-3. This resolution shall take effect immediately upon its adoption by the House of Representatives.
HR 4. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1988 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the regular 1989 session.
HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Joe Frank Harris, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., January 11, 1989, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
MONDAY, JANUARY 9, 1989
17
The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Pannell of the 122nd, Chambless of the 133rd, Robinson of the 96th, Simpson of the 70th, Crawford of the 5th, Stanley of the 33rd, Harris of the 84th and Byrd of the 153rd.
HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION
Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Senate which will be held in the hall of the House of Representatives at 10:45 A.M. January 11, 1989, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.
HR 7. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Thomas O. Marshall, Jr., Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 10:00 A.M., January 13, 1989, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 9:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Marshall.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from Chief Justice Marshall.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.
HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th
A RESOLUTION Relative to adjournment; and for other purposes.
18
JOURNAL OF THE HOUSE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly adjourn at 5:00 P.M. on January 13, 1989, and reconvene at 10:00 A.M. on January 23, 1989.
SR
2. By Senators Kennedy of the 4th and Allgood of the 22nd
A RESOLUTION
To notify the House of Representatives that the Senate has convened; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Secretary of the Senate is hereby instructed to notify the House of Representatives that the Senate has convened in regular session, has organized by the election of Honorable Joseph E. Kennedy of the 4th District as President Pro Tempore and Honorable Hamilton McWhorter, Jr., of Oglethorpe County as Secretary, and is now ready for the transaction of business.
The following communications were received and read:
House of Representatives Atlanta, Georgia
November 18, 1988
Honorable Glenn Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
The House Democratic Caucus met on November 17, 1988 to elect officers and nominees for the 1989-90 term of the General Assembly. The following officers were elected:
Representative Larry Walker, Majority Leader Representative Wm. J. (Bill) Lee, Majority Caucus Chairman Representative Denmark Groover, Majority Whip Representative Ward Edwards, Majority Secretary Representative Thomas B. Murphy, nominee for Speaker of the
House of Representatives Representative Jack Connell, nominee for Speaker Pro Tern of the
House of Representatives
Sincerely, /s/ Bill Lee
Wm. J. (Bill) Lee
House of Representatives Atlanta, Georgia
December 12, 1988
Honorable Thomas B. Murphy Speaker House of Representatives State Capitol - Room 332 Atlanta, Georgia 30334
Dear Speaker Murphy:
MONDAY, JANUARY 9, 1989
19
At the meeting of the House Republican Caucus on Thursday, November 17, 1988, in Room 341, State Capitol, the present Caucus officers were elected by acclamation to serve as Caucus officers for the 1989-90 Session.
Johnny Isakson, Minority Leader Luther S. Colbert, Minority Whip Dorothy Felton, Minority Chairman J. Max Davis, Minority Vice-Chairman Anne Mueller, Minority Secretary
Sincerely, /s/ Johnny Isakson
JI:sc cc: Clerk's Office
House of Representatives Atlanta, Georgia
September 20, 1988
Honorable Joe Frank Harris Governor of the State of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Harris:
I have been offered the position as a full time Judge Advocate for the Georgia National Guard.
I have decided to accept this offer, and will begin employment with the National Guard on October 1, 1988.
I have discussed this decision with Attorney General Michael J. Bowers and with your Executive Counsel, Mr. Rusty Sewell, and it has been determined that I cannot hold this position while serving as State Representative.
Accordingly, I am tendering my resignation as State Representative for House District 80 to be effective September 30, 1988.
It has been a great pleasure to have worked with you for the past six years, and I wish you much continued success for the remaining years of your administration.
With best personal regards, I remain
Very sincerely yours, /s/ Kenneth R. Waldrep
KRW/eg
cc: Speaker Thomas B. Murphy
State of Georgia Office of the Governor
Atlanta 30334
Honorable Kenneth R. Waldrep State Representative Post Office Box 657 Forsyth, Georgia 31029
September 28, 1988
20
JOURNAL OF THE HOUSE,
Dear Kenneth:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as State Representative for House District 80, effective September 30, 1988. By copy of this letter, your resignation is hereby accepted.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris
JFH/rsh
cc: Honorable Max Cleland, Secretary of State Honorable Thomas B. Murphy, Speaker of the House of Representatives
House of Representatives Atlanta, Georgia
June 13, 1988
Mr. Paul Lynch Legislative Fiscal Office 434 State Capitol Atlanta, Georgia 30334
Dear Paul:
Effective this date, I am appointing Representative Bill Cummings Acting Chairman of the Standing House Retirement Committee.
TBM:ku
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Honorable Joe Frank Harris Honorable Zell Miller Mr. Sewell Brumby Mr. Glenn Ellard House Information Office Members of House Retirement Committee
House of Representatives Atlanta, Georgia
May 11, 1988
Honorable Wesley Dunn Representative, District 73 P. 0. Box 353 McDonough, Georgia 30253
Dear Wesley:
Effective this date, I am removing your from the standing committee of Banks and Banking and placing you on the standing Appropriations Committee.
MONDAY, JANUARY 9, 1989
21
TBM:ku
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Mr. Glenn Ellard, Clerk of the House Mr. Hamilton McWhorter, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel House Information Office Honorable Bubba McDonald Honorable Frank Pinkston Mr. Paul Lynch, Legislative Fiscal Office
House of Representatives Atlanta, Georgia
May 26, 1988
Honorable Thomas B. Murphy Representative, District 18 P. 0. Drawer 1140 Bremen, Georgia 30110
Dear Speaker Murphy:
I have been appointed director of the State Employees Retirement System. I have therefore tendered my resignation to Governor Harris as a member of the Georgia House of Representatives effective June 1, 1988.
My service with the General Assembly, State Employees and the Executive Branch of State Government has been the highlight of my career. I have been privileged to know and serve with the finest people the State of Georgia has. I have made many friends throughout all of Georgia for which I will always be grateful.
I look forward to continuing to serve you and the members of the Employee's Retirement System. Please feel free to call on me whenever I can be of assistance.
Sincerely, /s/ Rudolph
Rudolph Johnson
RJ:bam
House of Representatives Atlanta, Georgia
May 23, 1988
Honorable Joe Frank Harris Governor, State of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Harris:
It is with mixed emotion that I tender my resignation from the Georgia House of Representatives, District 72, Post 4, effective June 1, 1988.
My association with you and the members of the General Assembly shall always be remembered as the highlight of my career. I look forward to working with you in my new
22
JOURNAL OF THE HOUSE,
position. I want to sincerely thank you for the many courtesies you have extended to me both during your service in the House and as Governor.
I wish for you and yours good health and continued success. Whenever I can be of assistance, please call on me.
Warm Regards, /s/ Rudolph Johnson
RJ/bam
The General Assembly Atlanta
January 3, 1989
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE TENTH CONGRESSIONAL DISTRICT
Pursuant to the provisions of O.C.G.A. Section 32-2-20, this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Tenth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday January 12, 1989, at 3:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Tenth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Tenth Congressional District are eligible to participate in said caucus.
Sincerely yours, /s/ Zell Miller
President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
Candidates for election in the twenty-fourth senatorial district
The General Assembly Atlanta
January 3, 1989
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE NINTH CONGRESSIONAL DISTRICT
Pursuant to the provisions of O.C.G.A. Section 32-2-20, this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Ninth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday January 12, 1989, at 2:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Ninth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Ninth Congressional District are eligible to participate in said caucus.
Sincerely yours, /s/ Zell Miller
President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
MONDAY, JANUARY 9, 1989
23
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 9. By Representative Lane of the 27th: A resolution amending the Rules of the House of Representatives.
HR 12. By Representative Lee of the 72nd: A resolution amending the Rules of the House of Representatives.
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.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:
HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th, Lawson of the 9th and Coleman of the 118th:
A bill to amend Article 3 of Chapter 13 of Title 48 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, and accomodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
Referred to the Committee on Ways & Means.
HB 2. By Representative Bostick of the 138th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to increase the amount of the fine for certain misdemeanors.
Referred to the Committee on Special Judiciary.
HB 3. By Representative Richardson of the 52nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of health care facilities, so as to provide for receiverships and conditional and other orders when certain nursing homes or intermediate care facilities engage in certain conduct or violate certain laws or regulations thereunder and provide for conditions, procedures, and other matters related thereto.
Referred to the Committee on Special Judiciary.
HB 4. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, so as to change the effective date.
Referred to the Committee on Health & Ecology.
24
JOURNAL OF THE HOUSE,
HB 5. By Representative Watson of the 114th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, so as to change the definition of the term "business opportunity".
Referred to the Committee on Industry.
HB 6. By. Representative Lane of the 27th:
A bill to amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, so as to provide that it shall be unlawful for the driver of a pickup truck to transport children 14 years of age or less in the rear bed or body of the vehicle.
Referred to the Committee on Motor Vehicles.
HB 7. By Representative Lane of the 27th:
A bill to amend Code Section 31-31-7 of the Official Code of Georgia Annotated, relating to the repeal of the law providing for the State Boxing Commission and the abolition of such commission, so as to change the date for the termination of such commission and for the repeal of such law.
Referred to the Committee on State Planning & Community Affairs.
HB 8. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.
Referred to the Committee on State Planning & Community Affairs.
HB 9. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide that persons contracting with a state agency shall provide a drug-free workplace for employees; to provide for a short title; to provide for definitions; to provide requirements that must be met by any contractor to provide a drug-free workplace.
Referred to the Committee on State Planning & Community Affairs.
HB 10. By Representative Groover of the 99th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the court* of this state by judges and magistrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any court.
Referred to the Committee on Judiciary.
HB 11. By Representatives Groover of the 99th and Dunn of the 73rd:
A bill to amend Section 2-7-170 of the Official Code of Georgia Annotated, relating to the limitation of the liability of farmers in fertilizer, plant growth regulator, and pesticide contamination cases, so as to remove the limitation on liability under Title 12 of the Official Code of Georgia Annotated.
Referred to the Committee on Agriculture & Consumer Affairs.
MONDAY, JANUARY 9, 1989
25
HB 12. By Representative Lane of the 27th:
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 certain handicapped persons shall have the right to purchase gasoline or diesel fuel at the self-service price when such gasoline or diesel fuel is dispensed for such handicapped persons.
Referred to the Committee on Health & Ecology.
HB 13. By Representative Lane of the 27th:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving the abuse of governmental office, so as to prohibit members of the governing bodies of political subdivisions from receiving pecuniary benefits for their personal use in connection with the acquisition or provision of goods or services or real property.
Referred to the Committee on Judiciary.
HB 14. By Representative Groover of the 99th:
A bill to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to excise taxation of motor fuels, so as to levy a special excise tax on the sale or use of motor fuel within this state; to provide for the period of time within which such special tax shall be levied.
Referred to the Committee on Ways & Means.
HB 15. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
Referred to the Committee on State Planning & Community Affairs.
HB 16. By Representatives Groover of the 99th and Adams of the 79th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, the "Georgia Code of Public Transportation," so as to provide for a network of developmental highways throughout the state; to provide for funding for such system.
Referred to the Committee on Transportation.
HB 17. By Representative Lane of the 27th:
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 required on certain motor vehicles, so as to require safety belts on certain new and used motor vehicles; to prohibit the removal of safety belts from motor vehicles required to be equipped with such belts.
Referred to the Committee on Motor Vehicles.
26
JOURNAL OF THE HOUSE,
HB 18. By Representatives Ray of the 98th, Bostick of the 138th and Aaron of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any licensee of certain public officers or any person, firm, or corporation regulated by certain public officers or person or political action committee acting on behalf of such licensee or regulated person, firm, or corporation from making contributions.
Referred to the Committee on Rules.
HB 19. By Representatives Bostick of the 138th and Groover of the 99th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to the establishment of a date of arraignment in criminal cases, so as to change the provisions regarding notice of the date which has been fixed for arraignment.
Referred to the Committee on Special Judiciary.
HB 20. By Representative Alien of the 127th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the cancellation, suspension, and revocation of drivers' licenses, so as to require the Department of Public Safety to send certain notices by certified mail.
Referred to the Committee on Motor Vehicles.
HB 21. By Representative Alien of the 127th:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to provide for and require an annual safety and equipment inspection for certain vehicles; to provide for a penalty.
Referred to the Committee on Motor Vehicles.
HB 22. By Representative Redding of the 50th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to eliminate the school readiness assessment for students entering the first grade.
Referred to the Committee on Education.
HB 23. By Representatives Ray of the 98th, Jamieson of the llth, Aaron of the 56th, Buford of the 103rd and Dover of the llth:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates and rate making, so as to provide that on and after the effective date of this Act and until January 1, 1992, no insurer shall charge or collect for any policy or contract of property and casualty insurance, motor vehicle insurance, or liability insurance any premium or rate in excess of the premiums and rates lawfully charged.
Referred to the Committee on Insurance.
MONDAY, JANUARY 9, 1989
27
HB 24. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag.
Referred to the Committee on State Planning & Community Affairs.
HB 25. By Representative Alien of the 127th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a child care credit and credit for household and dependent care expenses; to provide for allowance of such credit; to provide for limitations on the amount creditable; to provide for earned income limitations.
Referred to the Committee on Ways & Means.
HB 26. By Representative Alien of the 127th:
A bill to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to provide that lotteries operated by nonprofit religious institutions shall be legal in this state.
Referred to the Committee on Industry.
HB 27. By Representatives Alien of the 127th and Hamilton of the 124th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the age of the child for the purposes of the offenses of statutory rape, child molestation, aggravated child molestation, and enticing a child for indecent purposes.
Referred to the Committee on Judiciary.
HB 28. By Representative Alien of the 127th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to the number of years of creditable service necessary for retirement regardless of age.
Referred to the Committee on Retirement.
HB 29. By Representative Alien of the 127th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reckless abandonment of a child; to provide for the elements of such offense.
Referred to the Committee on Judiciary.
HB 30. By Representative Alien of the 127th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties.
Referred to the Committee on Judiciary.
28
JOURNAL OF THE HOUSE,
HB 31. By Representatives Greene of the 130th and Edwards of the 112th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the provisions relating to the compensation of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 32. By Representative Isakson of the 21st:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide that the giving of a false date of birth to a law enforcement officer with the intent to mislead such officer shall be a misdemeanor.
Referred to the Committee on Special Judiciary.
HB 33. By Representative Alien of the 127th:
A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to accidents, so as to provide that the driver of a motor vehicle that has injured a dog or cat shall render aid to such animal where it is safe to do so.
Referred to the Committee on Judiciary.
HB 34. By Representative Alien of the 127th:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Annotated, relating to motions for a new trial, so as to provide that where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court shall, except in cases where the death penalty is imposed, grant an extension of time of at least 90 days for the preparation and filing of the transcript.
Referred to the Committee on Judiciary.
HB 35. By Representative Alien of the 127th:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery, so as to allow a defendant to inspect the files of the district attorney pertaining to his case; to provide for the sanctions to be used by the court upon the failure of the district attorney to allow inspection.
Referred to the Committee on Judiciary.
HB 36. By Representative Alien of the 127th:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health, so as to provide for a screening for hypertension.
Referred to the Committee on Health & Ecology.
HB 37. By Representative Alien of the 127th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that persons convicted of a second or subsequent charge of driving under the influence shall be required to obtain additional motor vehicle liability coverage; to provide for the length of time such additional coverage must be maintained.
Referred to the Committee on Motor Vehicles.
MONDAY, JANUARY 9, 1989
29
HB 38. By Representative Alien of the 127th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to certain requirements of motor vehicle liability policies and coverage, so as to increase certain coverages in motor vehicle liability insurance policies; to amend Code Section 40-9-2 of the Official Code of Georgia Annotated, relating to definitions of accidents and financial responsibility in general, so as to increase certain coverages in motor vehicle liability within the definition of "proof of financial responsibility".
Referred to the Committee on Insurance.
HB 39. By Representative Alien of the 127th:
A bill to amend Article 23 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to traffic safety around school areas, so as to authorize school crossing guards to issue citations for infractions of criminal and traffic laws; to provide that school crossing guards shall not be authorized to arrest any individual nor shall they be required to complete any training.
Referred to the Committee on Motor Vehicles.
HB 40. By Representative Lane of the 27th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records concerning drivers' licenses maintained by the Department of Public Safety, so as to provide that criminal justice agencies shall provide abstracts of the driving records of applicants for employment by local police departments upon the request of such departments.
Referred to the Committee on Motor Vehicles.
HB 41. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 42. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to payments to the Peace Officers' Annuity and Benefit Fund from fines collected and bonds forfeited and collected in criminal and quasicriminal cases, so as to provide for the filing of certain forms in connection with payments to the fund.
Referred to the Committee on Retirement.
HB 43. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".
Referred to the Committee on Retirement.
30
JOURNAL OP THE HOUSE,
HB 44. By Representative Buck of the 95th:
A bill to amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivor benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivor benefits.
Referred to the Committee on Retirement.
HB 45. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Smyre of the 92nd, Moultrie of the 93rd and others:
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 repeal Code Section 48-8-82.1, authorizing an increase in the rate of joint county and municipal sales and use taxation under certain circumstances.
Referred to the Committee on Ways & Means.
HB 46. By Representatives Dover of the llth, Lord of the 107th, Colwell of the 4th, Twiggs of the 4th and Dobbs of the 74th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain members for service on active duty in the armed forces of the United States during World War II.
Referred to the Committee on Retirement.
HB 47. By Representatives Dover of the llth, Kilgore of the 42nd, Crosby of the 150th, Ray of the 98th and Barnett of the 10th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of property, so as to change certain provisions with respect to assessment of tangible real property; to provide for the taxation of agricultural land, horticultural land, or forest land on the basis of the value of such property in its present use.
Referred to the Committee on Ways & Means.
HB 48. By Representatives White of the 132nd, McKinney of the 35th, McKinney of the 40th, Clark of the 55th, Brooks of the 34th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a state lottery; to provide a short title; to provide for purpose; to define certain terms; to provide for the Lottery Control Board, its powers, duties, and compensation; to amend Code Section 16-12-20 of the Official Code of Georgia Annotated, relating to definitions with respect to gambling and related offenses, so as to change the definition of the term "lottery".
Referred to the Committee on Industry.
HB 49. By Representatives Rainey of the 135th, Moody of the 153rd, Holcomb of the 72nd, Meadows of the 91st, McKelvey of the 15th and others:
A bill to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Boat Safety Act," so as to define the term "sailboard"; to redefine the term "vessel" so as to exempt sailboards from such definition.
Referred to the Committee on Game, Fish & Recreation.
MONDAY, JANUARY 9, 1989
31
HB 50. By Representatives Rainey of the 135th and Moody of the 153rd:
A bill to amend Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials and permits therefor, so as to change the provisions relating to the requirement that participants have hunting licenses.
Referred to the Committee on Game, Fish & Recreation.
HB 51. By Representative Rainey of the 135th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need requirements, so as to exempt certain renal dialysis machines, equipment, and operations from the applicability of Chapter 6 of Title 31, relating to certificate of need.
Referred to the Committee on Health & Ecology.
HB 52. By Representatives Ray of the 98th, Cheeks of the 89th and Aaron of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contributions to or on behalf of the person holding office as Commissioner of Insurance.
Referred to the Committee on Rules.
HB 53. By Representatives Foster of the 6th, Colwell of the 4th, Harris of the 84th, Poag of the 3rd, Griffin of the 6th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as 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.
Referred to the Committee on Transportation.
HB 54. By Representative Alien of the 127th:
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 sports officials who officiate athletic contests shall not be liable in civil actions for injuries or damages claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held.
Referred to the Committee on Judiciary.
HB 55. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Thomas of the 69th and Groover of the 99th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers in general, so as to change the compensation of and provisions relating to the compensation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide a mechanism for future changes in such compensation.
Referred to the Committee on Judiciary.
32
JOURNAL OF THE HOUSE,
HB 56. By Representatives Rainey of the 135th, Walker of the 115th, Groover of the 99th, Barfoot of the 120th and Titus of the 143rd:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Georgia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 27-2-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp.
Referred to the Committee on Game, Fish & Recreation.
HB 57. By Representative Alien of the 127th:
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 the calculation of loss of income benefits in the event the injured insured is the sole shareholder of a professional corporation.
Referred to the Committee on Judiciary.
HB 58. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the issuance of a special pharmacy permit for pharmacies operated by colleges of pharmacy and provide for rules and regulations relating thereto.
Referred to the Committee on Health & Ecology.
HB 59. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain write-in ballots shall be counted at tabulating centers; to provide for procedures; to provide that certain poll officers shall not count certain write-in ballots.
Referred to the Committee on Governmental Affairs.
HB 60. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to the appointment, compensation, etc., of county registrars, so as to require biennial training of superintendents and certain other election officials; to amend Code Section 21-3-120 of the Official Code of Georgia Annotated, relating to the appointment and compensation of registrars and deputy registrars for municipal elections, so as to require biennial training of superintendents.
Referred to the Committee on Governmental Affairs.
MONDAY, JANUARY 9, 1989
33
HB 61. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, so as to provide that deputy registrars at certain permanent additional voter registration sites do not have to be residents of the county in which they serve; to provide for limitations upon the authority of such deputy registrars.
Referred to the Committee on Governmental Affairs.
HB 62. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for mandatory annual training for certain election superintendents and registrars.
Referred to the Committee on Governmental Affairs.
HB 63. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, so as to provide that deputy registrars at permanent additional voter registration sites do not have to be residents of the county in which they serve.
Referred to the Committee on Governmental Affairs.
HB 64. By Representative Wall of the 61st:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person may be charged with the criminal offense of serious injury by vehicle when such person does serious bodily injury to another while driving recklessly, eluding an officer, or failing to render aid and assistance.
Referred to the Committee on Judiciary.
HB 65. By Representatives Wall of the 61st, Isakson of the 21st, Aiken of the 21st, Breedlove of the 60th, Smith of the 156th and others:
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 certain terms; to define additional terms; to prohibit certain conduct by candidates for office on the Public Service Commission; to provide penalties; to change certain provisions relating to contributions made to a candidate or campaign committee or for recall of a public officer.
Referred to the Committee on Rules.
HB 66. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to correct certain citations to federal law.
Referred to the Committee on Governmental Affairs.
34
JOURNAL OF THE HOUSE,
HB 67. By Representative Wall of the 61st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school.
Referred to the Committee on Special Judiciary.
HB 68. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to authorize local laws which require referendum approval of the sale or lease of projects owned or operated by hospital authorities.
Referred to the Committee on Health & Ecology.
HB 69. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
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 and provide for exceptions and exemptions.
Referred to the Committee on Health & Ecology.
HB 70. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for conditions, procedures, and requirements relating thereto.
Referred to the Committee on Health & Ecology.
HB 71. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for additional penalties for the distribution or the possession with the intent to distribute certain dangerous drugs.
Referred to the Committee on Judiciary.
HB 72. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, so as to provide for the issuance of a card to registered voters containing certain identification, precinct, and district information; to provide for powers, duties, and authority of the Secretary of State and boards of registrars with respect to such card.
Referred to the Committee on Governmental Affairs.
MONDAY, JANUARY 9, 1989
35
HB 73. By Representatives Holmes of the 28th, Goodwin of the 63rd, Greene of the 130th, Moultrie of the 93rd and Patten of the 149th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the recall of public officers; to provide a short title.
Referred to the Committee on Governmental Affairs.
HB 74. By Representative Childers of the 15th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding abandoned motor vehicles, so as to change the provisions relating to duties of persons removing or storing certain motor vehicles.
Referred to the Committee on Motor Vehicles.
HR 10. By Representative Alien of the 127th: A resolution creating the Train/Rail Service Study Committee.
Referred to the Committee on Rules.
HR 11. By Representatives White of the 132nd, McKinney of the 35th and McKinney of the 40th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery, the net proceeds of which shall be used for providing hospital care for the indigent and for the support of education; to prohibit other lotteries; to redesignate certain provisions of the Constitution; to provide for a Special Hospital Care for the Indigent Fund and a Special Education Fund.
Referred to the Committee on Industry.
HR 13. By Representative Alien of the 127th:
A resolution proposing an amendment to the Constitution so as to prohibit lotteries in the State of Georgia; to provide that such prohibition be enforced by penal laws; to authorize the General Assembly to provide by law that the operation of nonprofit bingo games shall not be a lottery and shall be legal and to provide by law for the regulation of nonprofit bingo.
Referred to the Committee on Industry.
HR 14. By Representative Alien of the 127th: A resolution creating the House Movie Industry Study Committee.
Referred to the Committee on Rules.
HR 15. By Representatives Dover of the llth, Kilgore of the 42nd, Crosby of the 150th, Ray of the 98th and Barnett of the 10th:
A resolution proposing an amendment to the Constitution so as to provide for the taxation of agricultural land, horticultural land, or forest land on the basis of the value of such property in its present use.
Referred to the Committee on Ways & Means.
36
JOURNAL OF THE HOUSE,
HR 16. By Representative Buck of the 95th: A resolution compensating Mr. Aaron E. Boutwell.
Referred to the Committee on Appropriations.
HR 17. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Connell of the 87th, McDonald of the 12th and others:
A resolution creating the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee.
Referred to the Committee on University System of Georgia.
HR 18. By Representative Alien of the 127th:
A resolution creating the Privatization of Penal Institutions Study Committee.
Referred to the Committee on State Institutions & Property.
HR 19. By Representative Parham of the 105th: A resolution designating the Thomas Humphrey Highway.
Referred to the Committee on Transportation.
HR 20. By Representatives Redding of the 50th, Richardson of the 52nd, Benn of the 38th, Clark of the 55th, Couch of the 36th and others:
A resolution creating the Joint Fulton-DeKalb Hospital Authority Study Committee.
Referred to the Committee on Rules.
HR 21. By Representatives Crawford of the 5th, Ray of the 98th, Snow of the 1st, McCoy of the 1st and Jenkins of the 80th:
A resolution relative to the purchase of Christmas trees by state agencies and political subdivisions.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 22. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A resolution designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital.
Referred to the Committee on Health & Ecology.
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 House:
MONDAY, JANUARY 9, 1989
37
HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution notifying the Governor that the General Assembly has convened.
The President has appointed the following Senators as escort committee: Parker of the 15th, Clay of the 37th, Fuller of the 52nd, Pollard of the 24th, Collins of the 17th, Brannon of the 51st and Garner of the 30th.
The Speaker announced the following committee assignments:
AGRICULTURE & CONSUMER AFFAIRS
Reaves, Chairman Oliver, Clinton, Vice-Chairman Jamieson, Secretary Balkcom Branch Byrd Carter Chance Crawford Godbee Greene Holland Johnson McKinney, Billy
Moody Moore Morton Orr Powell Ransom Ray Royal Selman Stancil, Frank Stanley Titus Thurmond Walker, Larry
McDonald, Chairman Adams, Vice-Chairman Richardson, Secretary Alien Athon Bargeron Beck Buck Chambless Chance Childers Clark, Louie Colbert Colwell Connell
Cox Crawford Dixon, Harry Dunn Edwards Foster
Hamilton Hanner Holmes
Hooks Hudson
APPROPRIATIONS
Isakson Jackson, Jerry Kilgore Lane, Bob Lane, Dick Lee Long Lucas Mangum Martin Oliver, Clinton Padgett Patten Pettit Pinkston Reaves Smyre Thompson Twiggs Walker, Charles Walker, Larry Ware Watson Williams, Betty Jo
Coleman, Ex-Officio Crosby, Ex-Officio
38
JOURNAL OF THE HOUSE,
Pinkston, Chairman Beck, Vice-Chairman Padgett, Secretary Abernathy Benefield Benn Carrell Floyd Goodwin Hasty Langford Lawrence Linder
BANKS & BANKING
Long Milam Parham Parrish Poag, Poston Ricketson Selman Smith, Larry Smyre Thompson Townsend Walker, Charles
Lord, Chairman Bailey, Vice-Chairman Stanley, Secretary Abernathy garfoot BBarargnecrhon Breedlove
Clark, Herman Fennel
DEFENSE & VETERANS AFFAIRS
Irwin Linder McKelvey Morton Padgett
Poag Poston
Wall Wilder
Mangum, Chairman Hamilton, Vice-Chairman Athon, Secretary Aiken Bannister Barnett Mike BBeennenfield
D over
Felton
Heard
Holcomb
EDUCATION
Herbert Moore Orr Poston Robinson gi cSi. nkf;.ield Smith, Tommy Thomas, Mable Thurmond
White
Rainey, Chairman Moody, Vice-Chairman Holcomb, Secretary Davis, Max Hasty Jones McKelvey Meadows
GAME, FISH & RECREATION
Milam Poag Ransom Redding Tolbert Twiggs Yates
Holmes, Chairman Greene, Vice-Chairman
GOVERNMENTAL AFFAIRS
Moultrie, Secretary Baker
MONDAY, JANUARY 9, 1989
39
Edwards Goodwin
Holland
Patten Stancil, Steve
Titus
Childers, Chairman Parham, Vice-Chairman Hooks, Secretary Barfoot Carrell Clark, Betty Cox Hudson McKinney, Billy Moultrie Mueller Orrock
HEALTH & ECOLOGY
Pannell Randall Redding Richardson Selman Simpson Smith, Tommy Vaughan Wall Walker, Charles Wilder Yates
HUMAN RELATIONS & AGING
Clark, Betty Chairman Clark, Louie, Vice-Chairman Green, Secretary Bannister Davis, Grace Ehrhart
Lawrence Lupton Moultrie Orr Teper Williams, Juanita
Dover, Chairman McKelvey, Vice-Chairman Martin, Secretary Aaron Atkins Bannister
Brown Clark, Herman Cummings, Mary Dixon, Sonny
INDUSTRIAL RELATIONS
Ehrhart Gresham Jackson, Bill Oliver, Mary Margaret Orrock Ransom Smith, Willou Thomas, Mable Vaughan White
Watson, Chairman Aaron, Vice-Chairman Branch, Secretary Bargeron Brooks Buford Byrd Couch Floyd Green Gresham
INDUSTRY
Hamilton Herbert Kilgore Lee McDonald McKinney, Billy Pettit Rainey Ray Smith, Willou Teper
40
Ware, Chairman Dunn, Vice-Chairman Griffin, Secretary Abernathy Brown Colbert Groover
JOURNAL OF THE HOUSE,
INSURANCE
Jones Kingston Lawson Lucas Watson Williams, Betty Jo
Benefield, Chairman Edwards, Vice-Chairman Long, Secretary
INTERSTATE COOPERATION
Benn Carter
Balkcom, Chairman Byrd, Vice-Chairman Yeargin, Secretary Aiken Howren
JOURNALS
Orrock Smith, Larry Steele Williams, Juanita
Thomas, Charles, Chairman Chambless, Vice-Chairman Pettit, Secretary Alien Baker Davis, Max Groover
JUDICIARY
Lawson Oliver, Mary Margaret Pannell Porter Robinson Simpson Thurmond
LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT
Hanner, Chairman Smith, Tommy, Vice-Chairman Ray, Secretary Buford Carrell Dixon, Sonny Felton Griffin Jenkins
Langford Lawrence Linder McCoy McKinney, Cynthia Ann Mobley Moody Sinkfield Stephens
Jackson, Jerry, Chairman Barnett, Bill, Vice-Chairman Harris, Secretary Barnett, Mike Bostick Carter Crosby
MOTOR VEHICLES
Davis, Clay Dixon, Harry Holcomb Kingston Lane, Dick McDonald Porter
NATURAL RESOURCES AND ENVIRONMENT
Patten, Chairman Crawford, Vice-Chairman
Carter, Secretary Adams
MONDAY, JANUARY 9, 1989
41
Alford Bailey Barfoot Barnett, Mike Breedlove Buford Cheeks Davis, Grace Dobbs Fennel Floyd Griffin
Manner Heard Jamieson Lane, Bob Long Lord Lupton Patten Porter Reaves Teper Wilder
Twiggs, Chairman Lucas, Vice-Chairman Jackson, Bill, Secretary Alford Barnett, Bill Colbert Coleman Couch
PUBLIC SAFETY
Davis, Grace Howren Jenkins Meadows Mobley Stancil, Steve Tolbert
Dixon, Harry, Chairman Bishop, Vice-Chairman Redding, Secretary Atkins Brown Cummings, Mary
REGULATED BEVERAGES
Harris McCoy, Morton Powell Titus
Cummings, Bill, Chairman Parrish, Vice-Chairman Brooks, Secretary Baker Clark, Louie
RETIREMENT
Davis, Max Gresham Irwin Townsend Vaughan
Lee, Chairman Groover, Vice-Chairman Edwards, Secretary Benefield Birdsong Buck Chambless Clark, Betty Connell Couch Dunn Hudson Isakson Lawson
RULES
Parham Parrish Pinkston Randall Richardson Smith, Willou Smyre Thomas, Charles Thompson Townsend Walker, Larry Wall Ware Watts
42
Randall, Chairman Bostick, Vice-Chairman Benn, Secretary Aiken Bishop Cummings, Mary Ehrhart Goodwin
JOURNAL OF THE HOUSE,
SPECIAL JUDICIARY
Jenkins Jones Langford Martin Mueller Stephens Thomas, Mable
STATE INSTITUTIONS & PROPERTY
Colwell, Chairman Cox, Vice-Chairman Foster, Secretary Breedlove Brooks
Pbbs Fster GJarcekesnoen, Jerry
Jackson, Bill
Johnson
McCoy
McKinney, Cynthia Ann
Mueller
Oliver, Clinton Powell Rainey Sinkfield Smith, Larry
Smith, Paul Steele _Tol.,bert
Waddle
Watts
White
Williams, Betty Jo
Williams, Juanita
STATE PLANNING AND COMMUNITY AFFAIRS
Lane, Dick, Chairman Watts, Vice-Chairman Alford, Secretary Davis, Clay Felton Green Holland Isakson
Jamieson Mobley Ricketson Royal Smith, Paul Snow Stancil, Steve Yeargin
Kilgore, Chairman Birdsong, Vice-Chairman Godbee, Secretary Athon Bostick Cheeks Colwell Cummings, Bill Davis, Clay Dixon, Sonny Dobbs Fennel Foster Hasty
TRANSPORTATION
Heard Lord Mangum McKinney, Cynthia Ann Meadows Oliver, Mary Margaret Ricketson Smith, Paul Snow Steele Thomas, Charles Waddle Yates Yeargin
MONDAY, JANUARY 9, 1989
43
UNIVERSITY SYSTEM OF GEORGIA
Buck, Chairman Lane, Bob, Vice-Chairman Stancil, Frank, Secretary Adams Atkins Bailey Beck Cheeks Childers
Clark, Herman Connell Herbert Howren Irwin Johnson Lupton Stanley Stephens
Coleman, Chairman Crosby, Vice-Chairman Royal, Secretary Aaron Alien Balkcom Barnett, Bill Birdsong Bishop Chance Cummings, Bill
Dover
Godbee
WAYS & MEANS
Harris Holmes Hooks Kingston Milan Moore Pannell Robinson Snow Stancil, Frank Waddle
Adams, Ex-Officio McDonald, Ex-Officio
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.
44
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, January 10, 1989
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 Abernathy Adams Aiken Alford Alien Athon Atkins Bailey Baker Balkcom Bannister Barfoot Bargeron Barnett.B Barnett.M Beck Benefleld
Benn
Birdsong
Bishop Bostick
Branch Breedlove Brooks Brown Buck Buford
Carrell
Carter Chambtess Chance Cheeks Childers
Clark.B Clark.H Clark.L Colbert Coleman Colwell Connell Couch Crawford Crosby Cummings.B Cummings,M Davis.C Davis.G
Davis.M
Dixon.H
Dixon.S Dobbs Dunn Edwards
Ehrhart Felton Fennel Floyd Foster Goodwin Green Greene Gresham Griffin Groover Hamilton Manner Harris
Hasty Heard Herbert Holcomb
Holland Holmes Hooks
Howren
Hudson Irwin Isakson Jackson,J Jackson,W Jamieson Jenkins
Johnson
Jones Kilgore Kingston Lane.D Lane.R Langford
Lawson Lee Linder Long Lucas Lupton Mangum Martin
McCoy McDonald McKelvey McKinney.C
Meadows Milam Mobley Moody Moore Morton
Moultrie Mueller Oliver.C Oliver.M Orr Orrock Padgett Pannell Par ham Parrish Patten Pettit Pinkston Poag Porter
Poston
Powell
Rainey
Randall
Ransom
Ray
Reaves
Redding
Richardson
Ricketson
Robinson
Royal
Simpson Sinkfield Smith,L Smith,? Smith.T Smith.W Smyre Stancil,F Stancil.S Stanley Steele Stephens Teper Thomas.C Thomas.M Thompson Thurmond Titus Tolbert Townsend Twiggs
Vaughan
Waddle
Walker.L
Wall
Watson
Watts
White
Wilder
Williams.B
Williams,J
Yates
Yeargin
Prayer was offered by the Reverend Calvin D. Alford, Pastor, Mt. Olive Baptist Church, Conyers, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
TUESDAY, JANUARY 10, 1989
45
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 75. By Representatives Snow of the 1st, McCoy of the 1st, Poston of the 2nd, Poag of the 3rd, Foster of the 6th 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 that if the county or municipality in which a hazardous waste facility is to be located disapproves the issuance of a permit for the facility, the permit shall be disapproved by the Director of the Environmental Protection Division.
Referred to the Committee on Natural Resources & Environment.
HB 76. By Representatives Selman of the 32nd, Childers of the 15th, Richardson of the 52nd, Thomas of the 69th and Chambless of the 133rd:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to change the provisions with respect to the additional witness required when a living will is signed in a hospital or skilled nursing facility.
Referred to the Committee on Judiciary.
HB 77. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th, McKinney of the 40th and others:
A bill to amend Code Section 45-20-9 of the Official Code of Georgia Annotated, relating to procedure for conduct of hearings and appeals under the State Merit System of Personnel Administration, so as to provide that at any hearing the employee shall have the right to be represented by any individual, employee organization, or other organization of the employee's choice.
Referred to the Committee on State Planning & Community Affairs.
HB 78. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th, McKinney of the 40th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption from sales and use taxation for food for human consumption.
Referred to the Committee on Ways & Means.
HB 79. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th, McKinney of the 40th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that each local board of education and each county and municipal governing authority in the state shall consist of not less than five members, each of whom shall be elected from and by the voters of a single-member district.
Referred to the Committee on Education.
46
JOURNAL OF THE HOUSE,
HB 80. By Representatives Brooks of the 34th, Holmes of the 28th, McKinney of the 35th, McKinney of the 40th, Abernathy of the 39th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that no funds of the State of Georgia shall be invested or deposited in any financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa.
Referred to the Committee on Banks & Banking.
HB 81. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd and Davis of the 29th:
A bill to provide that a person who is under the age of 18 years at the time such person commits a crime shall not be sentenced to death or executed; to amend Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to the transfer of cases from a juvenile court for prosecution, so as to specify that loss of life is not a punishment for an act of a juvenile for which transfer is sought.
Referred to the Committee on Special Judiciary.
HB 82. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th, Abernathy of the 39th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that no funds of any retirement system referred to in said title shall be invested in any financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa.
Referred to the Committee on Retirement.
HB 83. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th, McKinney of the 40th and others:
A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that no employee subject to the merit system shall be refused medical leave for any day or time if the employee has adequate accumulated sick leave and demonstrates by appropriate evidence the necessity for such sick leave.
Referred to the Committee on State Planning & Community Affairs.
HB 84. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th, McKinney of the 40th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption from sales and use taxation for the sale and use of food; to provide an exemption for the sale and use of telephone services billed to telephones installed in private residences; to provide an exemption for the sale and use of electricity transmitted to private residences.
Referred to the Committee on Ways & Means.
TUESDAY, JANUARY 10, 1989
47
HB 85. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th, McKinney of the 40th and others:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide that the governing authority of each county of this state shall consist of a board of commissioners; to provide for single-member commissioner districts.
Referred to the Committee on State Planning & Community Affairs.
HB 86. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th, McKinney of the 40th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that any county or municipal corporation may create a fair rent commission; to provide that such commission may conduct investigations, hold hearings, and receive complaints relative to rental charges on housing accommodations.
Referred to the Committee on State Planning & Community Affairs.
HB 87. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th and Davis of the 29th:
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 that any person operating a retail facility open to the public shall provide on the premises a restroom accessible to the public.
Referred to the Committee on Industry.
HB 88. By Representatives Brooks of the 34th, White of the 132nd, McKinney of the 35th, Abernathy of the 39th, McKinney of the 40th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in any state or local primary or election the candidate receiving a plurality of the votes cast shall be nominated or elected; to define what shall constitute a plurality; to provide that a runoff shall be held only in the case of a tie.
Referred to the Committee on Governmental Affairs.
HB 89. By Representatives Brooks of the 34th, Holmes of the 28th and Davis of the 29th:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that the Department of Corrections shall make suitable arrangements and provide suitable facilities to allow any public or private television broadcaster to televise executions; to provide that the State Board of Education shall arrange for the televising of executions.
Referred to the Committee on Judiciary.
HB 90. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.
48
JOURNAL OF THE HOUSE,
HB 91. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.
HB 92. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 16-9-60 of the Official Code of Georgia Annotated, relating to foreclosure fraud, so as to change an incorrect reference within the Code section.
Referred to the Committee on Judiciary.
HB 93. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.
HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursuant to probation revocation in alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration.
Referred to the Committee on State Institutions & Property.
HB 95. By Representative Lane of the 27th:
A bill to amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, so as to provide that it shall be unlawful for the driver of a pickup truck to transport children 14 years of age or less in the rear bed or body of the vehicle on certain public roads in this state.
Referred to the Committee on Motor Vehicles.
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
Referred to the Committee on Judiciary.
TUESDAY, JANUARY 10, 1989
49
HB 97. By Representative Barnett of the 10th:
A bill to amend Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to certificates of residency for applicants for retail dealer's licenses or tax stamps for distilled spirits, so as to change the provisions relating to such residency requirements and to certificates of residency.
Referred to the Committee on Regulated Beverages.
HB 98. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1989, for the payment of provider claims chargeable to State Fiscal Year 1988.
Referred to the Committee on Appropriations.
HB 99. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
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 clarify when a notice of cancellation shall be sent to the Department of Public Safety; to provide for certain information to be included on notices of cancellation sent to the department.
Referred to the Committee on Motor Vehicles.
HB 100. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veterans license plates, so as to authorize the commissioner to provide for the design of such plates.
Referred to the Committee on Motor Vehicles.
HB 101. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-30, relating to issuance of license plates, so as to repeal the authorization for use of a surety bond to purchase 75 percent of a license plate.
Referred to the Committee on Motor Vehicles.
HB 102. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 12-8-28.1 of the Official Code of Georgia Annotated, relating to limitations on the location of solid waste disposal sites within a certain distance of adjoining counties, so as to change the provisions relating to such distance.
Referred to the Committee on Natural Resources & Environment.
50
JOURNAL OF THE HOUSE,
HB 103. By Representatives Davis of the 29th, Johnson of the 123rd, Walker of the 85th, McKinney of the 35th, Thurmond of the 67th and others:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the contracting power of the Department of Transportation, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to set goals for participation by minority business enterprises in state contracts and contracts of state authorities and commissions; to set goals for participation by women's business enterprises.
Referred to the Committee on Transportation.
HB 104. By Representatives Redding of the 50th, Holmes of the 28th, McKinney of the 35th, White of the 132nd and Brooks of the 34th:
A bill 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 provide that the working test period of employment shall not apply to an interdepartmental transfer.
Referred to the Committee on State Planning and Community Affairs.
HB 105. By Representative Murphy of the 18th:
A bill to amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions governing attorneys, so as to authorize attorneys to establish interest-bearing trust accounts for clients' funds from which proceeds are donated to government operated or government sponsored indigent defense plans or programs; to authorize financial institutions to maintain the accounts and to remit the interest payments.
Referred to the Committee on Judiciary.
HB 106. By Representatives Oliver of the 53rd, Baker of the 51st and Groover of the 99th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials, so as to provide that in civil jury trials the court may retain one or more of the alternate jurors until the jury has agreed upon a verdict.
Referred to the Committee on Judiciary.
HB 107. By Representatives Oliver of the 53rd and Martin of the 26th:
A bill to amend Article 5 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the Executive Probate Judges Council of Georgia, so as to provide that three members from the state at large be elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia.
Referred to the Committee on Judiciary.
HB 108. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Chapter 4 of Title 45 of the Official Code of Georgia Annotated, relating to official bonds, so as to provide that the bonds of the chief magistrates and magistrates shall be approved by the judge of the probate court and recorded and filed by him.
Referred to the Committee on Judiciary.
TUESDAY, JANUARY 10, 1989
51
HB 109. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize creditable service to be obtained for time spent as a visiting scholar.
Referred to the Committee on Retirement.
HB 110. By Representatives Watson of the 114th, Murphy of the 18th, Walker of the 115th, Edwards of the 112th, McDonald of the 12th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame; to provide for a board and its membership; to provide for reimbursement for expenses incurred by members of the board; to provide for personnel, space, equipment, and supplies.
Referred to the Committee on Industry.
HB 111. By Representatives Oliver of the 53rd and Smyre of the 92nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition, so as to provide that time spent by a juvenile in secure detention prior to such juvenile's transfer to a youth development center will be counted toward the confinement period issued by the court order.
Referred to the Committee on Judiciary.
HB 112. By Representative Royal of the 144th:
A bill to amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats, so as to provide regulations and requirements governing subdivision plats and the transfer, sale, and offering for sale of land; to provide for filing and recording.
Referred to the Committee on Special Judiciary.
HB 113. By Representatives Royal of the 144th, Greene of the 130th, Balkcom of the 140th and Holland of the 136th:
A bill to amend Section 21-3-64 of the Official Code of Georgia Annotated, relating to the authority of the General Assembly by local law to change terms of office of elected municipal officers, so as to provide additional authority for the enactment of such local laws.
Referred to the Committee on Governmental Affairs.
HB 114. By Representatives Dixon of the 151st, Crosby of the 150th, Smith of the 152nd and Clark of the 13th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," so as to change the provisions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to register annually.
Referred to the Committee on Judiciary.
52
JOURNAL OF THE HOUSE,
HB 115. By Representatives Porter of the 119th, Coleman of the 118th, Parrish of the 109th and Oliver of the 121st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to optional benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide that when a spouse who is a beneficiary under an option predeceases a retired member, the retirement benefit of the retired member shall be increased to the maximum benefit.
Referred to the Committee on Retirement.
HB 116. By Representatives Porter of the 119th, Coleman of the 118th, Parrish of the 109th and Oliver of the 121st:
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 spouse who is a designated beneficiary predeceases the retired member, the retirement allowance of the retired member shall be increased to the maximum allowance.
Referred to the Committee on Retirement.
HB 117. By Representatives McKinney of the 35th and McKinney of the 40th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for the issuance of special license plates to commemorate the founding of Clark Atlanta University.
Referred to the Committee on Motor Vehicles.
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1988-1989.
Referred to the Committee on Appropriations.
HR 23. By Representatives Brooks of the 34th, Holmes of the 28th, White of the 132nd, McKinney of the 35th, Abernathy of the 39th and others:
A resolution proposing an amendment to the Constitution so as to provide that each county, independent, or area board of education shall consist of not less than five members, each of whom shall be elected from and by the voters of a single-member education district.
Referred to the Committee on Education.
HR 24. By Representatives Brooks of the 34th, White of the 132nd, McKinney of the 35th, McKinney of the 40th and Davis of the 29th:
A resolution proposing an amendment to the Constitution so as to provide for election of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor by a plurality of the votes cast.
Referred to the Committee on Governmental Affairs.
TUESDAY, JANUARY 10, 1989
53
HR 25. By Representatives Brooks of the 34th, White of the 132nd, McKinney of the 35th, McKinney of the 40th and Abernathy of the 39th:
A resolution proposing an amendment to the Constitution so as to provide that members of the State Board of Pardons and Paroles shall be elected rather than appointed.
Referred to the Committee on State Institutions & Property.
HR 28. By Representative Lucas of the 102nd:
A resolution proposing an amendment to the Constitution so as to delete those provisions prohibiting lotteries.
Referred to the Committee on Industry.
HR 29. By Representatives McKinney of the 35th and McKinney of the 40th: A resolution creating the Joint State-wide Lottery Study Committee.
Referred to the Committee on Industry.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 1
HB 2 HB 3 HB 4 HB 5 HB 6
HB 35
HB 36 HB 37 HB 38 HB 39 HB 40
KHBR 8q
HR 10
HR }?
TM*
H
HB 12
HHRB 11/31
HHBB 4412
HB 43
HB 44
Un
AC.
%
"" %4 '
HR 1*
HttrR$ }IDfi
HB 17
HR 1S
HRB 1q9
HR on
tlti
^U
HR 91
HB 22 unno OaQ
HR <)A
Ht>
^4
HH o>;
HHBB 226? HB 28 HB 29 HB 30 HB 31 HB 32 HB 33 HB 34
HB 48
HITTBJ 4C9A
"
HU 51
HRB 5t-2o
*"* 5d
ITT}
f- A
HHRB
5^4
TJTJ cc
"TTTDJ ,."
HB 5 '
TTTJ
.,,
"" 5"
HHBB 5690 HB bl
HB 62
HB 63 HB 64 HB 65 HB 66 HB 67
54
JOURNAL OF THE HOUSE,
HB 68
HB 69 HB 70
HriDR T/Oz
TJD
'TO
HB 7743
HR 10
HR 11
HR 13
HR 14
HR 15 HR 16
HTJRD 1IQ7
"^
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HHRK IlQy
HR 20
HR 21
HR 22
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 26. By Representatives Selman of the 32nd, Smith of the 16th and Edwards of the 112th:
A resolution amending the Rules of the House of Representatives.
HR 27. By Representatives Selman of the 32nd, Smith of the 16th and Edwards of the 112th:
A resolution amending the Rules of the House of Representatives.
HR 30. By Representatives Benn of the 38th and Murphy of the 18th:
A resolution inviting Honorable Andrew W. Young to address the House of Representatives.
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 Resolutions of the House:
HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The President has appointed on the part of the Senate the following:
Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th, Starr of the 44th, Walker of the 43rd, Allgood of the 22nd and Kennedy of the 4th.
HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution inviting the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 7. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
TUESDAY, JANUARY 10, 1989
55
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Peevy of the 48th, Taylor of the 12th, Dawkins of the 45th, Johnson of the 47th, Edge of the 28th and Parker of the 15th.
HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Edwards of the 112th:
A resolution relative to adjournment.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, January 11, 1989
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. Randy M. Kennedy, Dalton, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 119. By Representatives Cummings of the 17th and Parrish of the 109th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to service retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to the determination of average compensation.
Referred to the Committee on Retirement.
HB 120. By Representatives Cummings of the 17th and Parrish of the 109th: A bill to repeal an Act entitled "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".
Referred to the Committee on Retirement.
WEDNESDAY, JANUARY 11, 1989
57
HB 121. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to repeal an Act entitled "To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service".
Referred to the Committee on Retirement.
HB 122. By Representatives Hamilton of the 124th, Oliver of the 53rd, Carrell of the 65th and Orrock of the 30th:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying, so as to prohibit certain state employees from appearing before the General Assembly regarding pending legislation absent a formal request by a member of the General Assembly.
Referred to the Committee on Rules.
HB 123. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the provisions regarding notices of foreclosure of the right to redeem; to change the provisions regarding ripening of tax deed titles by prescription.
Referred to the Committee on Judiciary.
HB 124. By Representative Smith of the 78th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to secure debt and bills of sale, so as to require that mailing addresses of grantees and transferees of deeds to secure debt be included upon such deeds or transfers in order for them to be recorded.
Referred to the Committee on Judiciary.
HB 125. By Representatives Twiggs of the 4th, Foster of the 6th, Griffin of the 6th and Langford of the 7th:
A bill to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council and the appointment of the executive director, so as to prescribe certain training requirements for the executive director and investigators appointed by the executive director; to provide certain powers of the executive director and investigators.
Referred to the Committee on Public Safety.
HB 126. By Representative Smith of the 78th:
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 provide a temporary grace period for the operation of a new, used, or other vehicle which does not have a current license pending registration of such vehicle.
Referred to the Committee on Motor Vehicles.
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JOURNAL OF THE HOUSE,
HB 127. By Representative Smith of the 78th:
A bill to amend Code Section 15-12-65 of the Official Code of Georgia Annotated, relating to service of summonses upon jurors, so as to change the time limits for mailing summonses to jurors.
Referred to the Committee on Judiciary.
HB 128. By Representative Mueller of the 126th:
A bill to amend Article 23 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to traffic safety, so as to authorize schoolcrossing guards to direct and regulate the flow of traffic at school crossings or within a reduced speed school zone; to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of the uniform rules of the road, so as to require obedience to lawful orders or directions of school crossing guards.
Referred to the Committee on Motor Vehicles.
HB 129. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, so as to provide for reduced fees for the use of occupancy of such facilities by disabled veterans.
Referred to the Committee on State Institutions & Property.
HB 130. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license.
Referred to the Committee on Motor Vehicles.
HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
Referred to the Committee on Motor Vehicles.
HB 132. By Representative Alien of the 127th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to provide that the convicting court may grant an appeal bond to a person convicted of felony murder.
Referred to the Committee on Judiciary.
WEDNESDAY, JANUARY 11, 1989
59
HB 133. By Representatives Green of the 106th, Ricketson of the 82nd and Parrish of the 109th:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to personal exemptions from income taxes, so as to provide for an additional exemption for certain widows and widowers who are 65 years of age or over and who have not remarried.
Referred to the Committee on Ways & Means.
HB 134. By Representatives Green of the 106th, Ricketson of the 82nd and Parrish of the 109th:
A bill to amend Code Section 27-4-92 of the Official Code of Georgia Annotated, relating to use of fish baskets in commercial fresh-water fishing, so as to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to three baskets per person.
Referred to the Committee on Game, Fish & Recreation.
HB 135. By Representatives Hudson of the 117th and Moultrie of the 93rd:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the certification and regulation of sanitarians and environmental health specialists; to define certain terms; to exempt certain persons in other professions from the certification, licensing, and regulatory provisions applicable to sanitarians and environmental health specialists.
Referred to the Committee on Health & Ecology.
HB 136. By Representative Lawson of the 9th:
A bill to amend Code Section 8-2-109.1 of the Official Code of Georgia Annotated, relating to exceptions to the requirements of Part 6 of Article 1 of Chapter 2 of Title 8, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for an exemption from such laws for certain elevators.
Referred to the Committee on Industry.
HB 137. By Representative Lawson of the 9th:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide that in any civil or criminal trial or proceeding evidence of a person's DNA profile as determined by restriction fragment length polymorphism analysis shall be admitted.
Referred to the Committee on Judiciary.
HB 138. By Representative Yeargin of the 14th:
A bill to amend an Act creating the Board of Commissioners of Oglethorpe County, so as to change the compensation of the chairman of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
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JOURNAL OF THE HOUSE,
HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforcement of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provisions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.
Referred to the Committee on Judiciary.
HB 140. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide exemptions for such authorities from the requirements of Article 4 of Chapter 18 of Title 50, relating to open meetings; to provide for such exemptions to be comparable to those exemptions granted such authorities in Chapter 14 of Title 50, relating to open records.
Referred to the Committee on Judiciary.
HB 141. By Representative Connell of the 87th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for additional steps on the salary schedule for secretaries of judges of the superior courts; to provide that these increases will be designated as L steps and may be granted not more often than every two years.
Referred to the Committee on Special Judiciary.
HB 142. By Representative Connell of the 87th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Systems Standards Law," so as to provide that a certain amendment to the law providing for the Georgia Firemen's Pension Fund shall not be subject to the Public Retirement Systems Standards Law under certain conditions.
Referred to the Committee on Retirement.
HB 143. By Representatives Connell of the 87th and Cummings of the 17th:
A bill to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability benefits under the Georgia Firemen's Pension Fund, so as to change the provisions relating to such disability benefits; to amend Code Section 47-7-124 of the Official Code of Georgia Annotated, relating to limitation of certain actions, so as to provide that the Board of Trustees of the Georgia Firemen's Pension Fund shall not assert after April 1, 1989, any claim.
Referred to the Committee on Retirement.
HR 31. By Representatives Richardson of the 52nd, Hooks of the 116th, Connell of the 87th, Lee of the 72nd, Childers of the 15th and others:
A resolution creating the Joint Health Care Personnel Supply and Planning Study Committee.
Referred to the Committee on Rules.
WEDNESDAY, JANUARY 11, 1989
61
HR 32. By Representatives Jackson of the 83rd, Bailey of the 72nd, Lee of the 72nd, Hanner of the 131st and Poston of the 2nd:
A resolution proposing an amendment to the Constitution so as to prohibit any person who is convicted of a felony involving moral turpitude and involving abuse of government office from holding any office or appointment of honor or trust in this state.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 75 HB 76 HB 77 HB 78 HB 79 HB 80 HB 81
HR 8?
HR 84
HR m
HR 8fi
HR 87
HB 88
HB 100 HB 101 HB 102 HB 103 HB 104 HB 105 HB 106
HB 107
HB 108
HB 109
HB 110
HB 1H
HB 112
HHRB f8o0
H^BB 1^ 14
HB 91 HHBB 9932 HB 94 HB 95 HB 96 HB 97 HB 98 HB 99
HB 115 HB "11I?7 HB 118 HR 23 HR 24 HR 25 HR 28 HR 29
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 30 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
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JOURNAL OF THE HOUSE,
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 31 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 31. By Representatives Greene of the 130th and Edwards of the 112th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the provisions relating to the compensation of the chairman and members of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 30. By Representatives Benn of the 38th and Murphy of the 18th:
A resolution inviting Honorable Andrew W. Young to address the House of Representatives.
The following Resolution of the House was read and adopted:
HR 33. By Representatives Stephens of the 68th, Thurmond of the 67th, Murphy of the 18th, Mobley of the 64th, Carrell of the 65th and others:
A resolution congratulating University of Georgia Head Coach Ray Goff and inviting him to appear before the House of Representatives.
The Speaker announced the House in recess until 10:45 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 5 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Zell Miller.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Joe Frank Harris, appeared upon the floor of the House and delivered the following address:
WEDNESDAY, JANUARY 11, 1989
63
Lieutenant Governor Miller, Speaker Murphy, members of the General Assembly, members of the Appellate Courts, constitutional officers, members of the Consular Corps, distinguished guests, ladies and gentlemen:
Twenty-five years ago, I was a freshman representative from Catersville, green as grass but excited to be here and wide-eyed at being a member of the Georgia General Assembly and a part of the history of this state. It is for these reasons that this year is especially meaningful to me.
Some might expect me to take this occasion to reflect on the many changes I have seen in Georgia over the course of 25 years, the progress that has occurred, the projects with which I have been involved, the good people with whom I have been fortunate to work.
But don't worry. I am not one to look back. Let's look ahead! The time is now!
Today I feel the urgency for us to get right down to business. In contrast to other state of the state speeches - when I have discussed the successes of the past and goals for the future - profound and far-reaching events at this time demand a break in tradition.
This year the State of Georgia is facing serious budget constraints, and a lot more than wishful thinking is needed to resolve the situation. Our financial obligations are stretched to their limit - and still growing. We have a responsibility to continue a consistent level of state services and to make improvements in priority areas such as education. At the same time, we are being forced to react to costs for health care and medicaid that are spiraling out of sight.
For fiscal year 1990, I am projecting a 7.9 percent growth in revenues from existing taxes. This will result in $496 million in new funds, positive revenue growth that is the envy of most states, but I must be candid enough to say that I do not expect those revenues to be sufficient to meet the needs we face.
Therefore, I am seeking a six-cent increase in Georgia's gasoline tax effective March 1. It is estimated that the higher gas tax will bring in $261 million that would be available for appropriation from the general treasury for needs throughout state government in the first year.
All totalled, revenues from existing tax sources plus those funds to be derived from the six-cent gas tax hike will boost our budget by $817 million and become Georgia's first $7 billion budget - $7.071 billion to be exact.
In the short term, a six-cent motor fuel tax increase will provide some relief and flexibility in meeting our responsibilities. But in the long term - and this is most important - it will eliminate the need for continuing general fund appropriations to the Department of Transportation and eliminate the need for the bonded indebtedness we are incurring annually for highway construction.
In recent years, the D.O.T. has received cash and bond proceeds from the general fund totalling about $100 million annually. This is in addition to the constitutionally earmarked funds. My proposal means that these monies will be freed for other uses in state government, such as education, human services and corrections.
We will be funding an aggressive new road-building program, the governor's road improvement program known as G.R.I.P., some 2700 miles of four-lane roads and truck access routes. Not only will safety be improved, but many areas struggling for economic vitality will receive a needed boost.
Since I announced my plans to seek a six-cent increase in the state gasoline tax, I have heard from many Georgians. Businesses, Chambers of Commerce and local governments have been generally enthusiastic about my plan. They recognize the potential benefits from expanded road construction and increased safety.
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JOURNAL OF THE HOUSE,
Truthfully, some individuals have voiced concerns that a gas tax hike may unfairly burden those on fixed incomes or at the lower income range.
The motor fuel tax is a user fee and should impact the average Georgia driver only about $3.75 per month. Importantly, it is estimated that approximately one-third of projected tax proceeds will come from out-of-state motorists.
Georgia has not had a tax increase of any kind since 1971. In fact, Georgia is the only state that has not raised taxes in the past seven years. All other states have raised taxes in some area to fund budget shortfalls, while we have continued positive revenue growth. The decision to seek a gasoline tax increase was not made lightly or without full consideration of all possible alternatives.
When I became your governor, our reserves stood at only $637,000 when they should have been at about $114 million. A slowdown in the economy had forced us to dip into our rainy day fund and almost deplete it.
Today those reserves stand at almost $200 million. That's how much we have on hand in our savings account, so to speak - in case of a dire emergency. We rebuilt those reserves through tough management and the proceeds from a growing economy. We did not squander our wealth, and while building our reserves, we have funded over $2.4 billion in education improvements.
I don't believe a single one of you ran for elected office without realizing the serious responsibilities of doing what is right and what is best for the people you represent. Each vote you cast is not always easy. You are reasonable men and women.
This is not a time to panic or to knee-jerk or to overreact. I sincerely believe that if we buckle down in the saddle, we can manage the situation successfully. We have done it before, and we can do it again. It is time for statesmanship, not political one-upmanship.
The same should be said when it comes to the legislation I am presenting to you in support of the Growth Strategies Commission report. Over the course of your deliberations, it may seem all too easy to deal away our state's future in return for some short-term, short-sighted or self-serving political gain but I am asking you to think first of the generations that will follow us and the legacy we hope to leave for them.
That legacy should include clean and plentiful water, safe and accessible transportation, a quality workforce, incentives for economic development, a planning process that protects home rule but encourages regional thinking, the involvement of the private sector with local government and regional associations, and most important, a blueprint for action when action is required.
For 18 months, private citizens, environmentalists, development professionals, business and government leaders worked as members of the growth strategies commission to devise a plan and mechanisms to allow Georgia to manage and promote economic activity while protecting precious natural resources.
Their nine-point strategy for a quality growth partnership preserves what is best about Georgia while creating new tools for meeting the challenges of the future.
There are four pieces of legislation which we need in order to implement their report:
- First, the Water Supply Act to authorize the Department of Natural Resources to acquire sites for regional water supply reservoirs, build and operate them. The state's investment would be recouped through user fees paid by local governments contracting for water.
- Amendments to the Erosion and Sedimentation Act to provide new protections for our water resources along with penalties for non-compliance.
- An amendment to the Environmental Facilities Authority to allow loans for solid waste projects.
WEDNESDAY, JANUARY 11, 1989
65
- And a major planning bill to revamp the Department of Community Affairs, establish the Governor's Development Council, create regional development centers from existing A.P.D.C.'S, authorize state and local planning functions, and allow D.N.R. to develop standards in planning for water sources.
To support the recommendations of the Growth Strategies Commission over and above QBE and motor fuel tax funds, I am asking you to approve a total of $31 million, including:
- $6 million in bond proceeds to start acquiring land for regional reservoir sites already identified. Another $300,000 is requested for feasibility studies leading to acquisition of other sites and staff support.
- $50,000 to prepare for implementing a solid waste loan program by the Enviornmental Facilities Authority.
- $4 million to implement a state-coordinated planning program with $875,000 going to create an Economic Growth Planning Division within the Department of Community Affairs.
- $3 million for A.P.D.C.'S and soon-to-be-formed regional development centers.
- $2 million to create a local development fund to help support local growth planning.
- $100,000 to launch a business capital program to help low-growth areas.
- $290,000 for a new freshwater wetlands program.
- $200,000 for a statewide commission to plan how to develop a quality workforce.
- $50,000 to prepare and structure a Seed Capital Fund for advanced technology startup companies.
A related recommendation to you calls for a $40 million increase in the state's water and sewer loan program operated by the Environmental Facilities Authority bringing the total revolving loan program to $120 million.
Growth strategies can best be described as a new way of thinking about old problems, thinking ahead and thinking big. The inducement to local governments to adopt this new way of thinking is to make planning a requirement for receiving grants administered by various agencies. The carrot and stick approach is attractive and usually successful. In fact, it rarely fails.
Should we fail to act, we will guarantee a future that is less than our full potential. A future in which our children will still be grappling with urban overgrowth, strained water resources, stagnant rural areas, bottlenecked roadways and a workforce lacking critical skills.
I am extremely excited about the possibilities we hold in our hands, and to use an old phrase, it is now or never, no more studying, no more stalling. We have the power - and the obligation - this session - to make the tough decisions and hard choices that will secure a bright future for our children and our grandchildren.
We have already taken great strides in recent years on behalf of our young people through support for increased education expenditures, and I am recommending to you today a budget of almost $2.7 billion for public schools. This is more than double the education budget in effect when I took office.
Total new funding for public schools comes to $335.7 million, including health care costs and a 3 percent teacher pay raise bringing average teacher pay to $28,100 and beginning teacher pay to $18,357. Counting local supplements, average beginning teacher pay will top $20,500. This will maintain our leadership in the southern states. I am also proposing to raise the longevity factor from 2.8 percent to 2.9 percent at a cost of $13.4 million.
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JOURNAL OF THE HOUSE,
To continue my commitment to education, I have fully funded this year's requirement for the Quality Basic Education Act. Among the specifics are:
- $19.9 million for special instructional assistance.
- $16.4 million for in-school suspension.
- $11 million for the first phase of a statewide career ladder.
- $7.7 million for leadership responsibility supplements.
- $5.2 million for middle school incentive grants.
- $75.1 million for cash school construction.
- And $14.7 million to build 17 new libraries, bringing the total during our administration to 120 new libraries. This is an accomplishment in which I know we share a_lot of pride.
In contrast to college enrollments across the country, our University System has seen a 19 percent increase in the last three years. This past fall, we had an increase of over 8,000 new students. This requires an increase of over $48 million to fund this additional enrollment.
Fifteen million dollars in bond funds will be required to expand the Student Centers at Southern College of Technology and Savannah State College and to build Phase I of a Continuing Education Building at Clayton State College. Another $4.5 million is requested to equip our new Manufacturing Research Center at Georgia Tech.
With a goal of securing our status as the leading paper research and development center in the country, I am recommending $4.2 million to build an addition at the Herty Foundation to house state-of-the-art machinery being bought with private donations. Another $300,000 is needed for forestry research at the University of Georgia. Final funding for the Institute of Paper Chemistry at Georgia Tech was recommended in the amended budget.
Our technical institutes provide training for 130,000 Georgians each year. To continue upgrading these facilities, I am recommending an Operating Budget increase of $8.3 million plus another $7.6 million in bonds for new construction, repairs and maintenance.
Teachers in technical institutes would also receive a 3 percent pay raise, while state employees, University System personnel, and state-paid school bus drivers and lunchroom workers would receive a 2.5 percent increase. All state employees will realize a minimum pay raise of $450. My total pay raise package comes to $136.2 million, with $102.3 million earmarked for increases in education.
The most serious budget problem we face is Medicaid, providing health care to the needy. Just to continue funding current benefits, I must recommend an increase of $137.6 million in state funds.
This represents a 34 percent jump over current appropriations. Counting federal funds, our Medicaid budget approaches $1.6 billion for a program that was only started in 1967.
Health claims by about 200,000 teachers, state employees, retirees and their dependents are on a runaway pace rivaling Medicaid. In addition to the nearly $40 million shortfall addressed in my amended budget recommendations, I must ask for another $58 million for 1990.
This means we must provide more than $100 million at this session to pay teacher and employee health claims. Employees should expect higher contributions also.
In hopes of avoiding another year of runaway health care costs, I am recommending a mandatory utilization review program for the State Health Benefit Plan at a cost of $700,000 and three programs costing $861,000 to control the Medicaid explosion. These
WEDNESDAY, JANUARY 11, 1989
67
include medical necessity review, preadmission for elective hospital admissions, enhanced surveillance and utilization review, third party liability, benefits recovery and other cost containment functions.
No problem of state government concerns me more than the astronomical increases in health benefits for our state employees, public school teachers and university system employees. Despite repeated efforts to contain costs, we have not been successful.
Continued increases have the potential to impact every program of state government. The situation has become too serious for band-aid actions. We must take control of this problem and find a permanent solution.
Towards this objective, I will soon sign an executive order creating a special task force to study the problem very quickly and tell us how we can contain health costs. Members of this committee will include large private employers, health care providers, university system personnel and the General Assembly. Also, an independent outside consultant will be employed.
With our employees' health costs now greater than the state's 1965 budget, we have no choice but to get the answers that have eluded us so far.
Soaring health care costs are also reflected in my proposal for an $81 million budget increase for the Department of Human Resources. This will boost the state-funded Human Resources Budget to over $965 million, an increase of 32 percent in only three years.
My improvement requests will provide new services for Aids patients, more communitybased treatment for the chronically mentally ill, the mentally retarded, the elderly, and severely emotionally disturbed children and adolescents, new services for juvenile offenders, expanding the P.E.A.C.H. program to seven new counties, and raising the standard of need for A.F.D.C. recipients by 10 percent. Some $16.6 million will provide bond funds for improvements at eight DHR facilities.
To continue our growth as a vacation site for Georgians and out-of-state visitors, I am requesting $15 million in bond funds for the second phase of our new Game and Fish Land Acquisition Program, $1.6 million to complete the golf course at Veterans State Park, $1 million each for the Atlanta Zoo and Chehaw Park in Albany, and $1 million to cover first year operation of the new Lodges and Conference Centers at Amicalola Falls, Red Top Mountain and George Bagby State Parks.
With your approval last session for the land purchase, another $28 million is requested to now build a mountain resort on this 450-acre site near Young Harris.
To promote our resort, parks and recreational areas, I am proposing to add $500,000 to our Tourism Advertising Budget, completing a five-year expansion in this area. Tourism is now an $8.7 billion business and our state's second largest industry, and in recognition of this, I am proposing to add "Tourism" to the title of the Department of Industry and Trade.
Crime is continuing to be a major budget burden. Georgia now houses almost 21,000 inmates in 26 state prisons, seven transitional centers and 28 county-owned workcamps. In addition, over 111,000 persons are under active probation supervision and confined in 19 diversion centers.
Over the next 18 months, we will be opening five new prisons with a capacity of 1,769 inmates and eight probation detention centers with an ultimate capacity of 1,200. I am therefore recommending $31.1 million in operating costs involved mainly in opening and operating new institutions, and expanding probation and parole programs providing an alternative to incarceration.
These actions will greatly relieve the jail backlog. I am also seeking an increase of $2.4 million to help offset costs incurred by counties holding state prisoners.
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In addition, I am recommending almost $11.5 million in bonds to fund various phases of construction at five institutions that will add almost 3,000 beds to the prison system when they open in FY 1991. Funds also are requested to begin planning a new women's prison in Pulaski County.
Included in the Corrections Budget increase are funds to hire 654 new personnel, bringing the Corrections Department labor force to 9,067 employees - an increase of 3,200 positions during my administration.
For the Department of Public Safety to begin a new commercial driver's license program, I am requesting $2 million. This is a program mandated by the Federal Government.
To continue improvements to the computer operations at the Department of Revenue, I am recommending $1.4 million.
A $100,000 increase in arts grants is recommended, bringing the total to $2.8 million.
In spite of the difficulties and the challenges we now face, the condition of our state remains good. This past year brought another record in economic development, a $3 billion year in manufacturing investment, 88 percent of which located outside the 18-county Metro Atlanta area. For 61 months, we have created an average of over 9,000 new jobs per month, and today we have a higher percentage of our citizens working than ever in our history.
The diversification of our economy overall has continued to serve us well with steady expansions in foreign investment and increased exports of Georgia products. Our students' S.A.T. scores shot up eight points last year, the greatest increase among all of the states. Georgia leads all the southern states in spending for research and development, and three of the top 100 institutions in research and development spending are here in Georgia. Only six states exceed this ranking.
Three Georgia counties are listed among the 12 fastest growing in the country. Twenty-five new banks opened in 1988, and 15 more have been approved to open when their stock is sold. Georgia leads the nation in pulp and paper production, and last year we set a record in tonnage passing through our deepwater ports.
Our agricultural economy has weathered the drought years successfully, and 1988 even saw record production of some crops. Agriculture and agri-business continue to make a valuable contribution to the health of our economy.
Clearly, the momentum is with us. The next 38 days will determine if we have the courage, the wisdom and the will to work together to make the tough decisions that are going to be required if we are to continue this momentum and even to reach new levels of accomplishment.
Nothing worthwhile can be achieved without the desire to succeed and the strength to sacrifice. This year, our budget asks for sacrifices by all, but it imposes an undue burden on no one.
Some hard choices will fall to you because you were not elected to pass the buck, to point the finger of blame or to sidestep responsibility. The voters selected you to provide leadership and direction for our state, not just in the good times but in the tough times as well.
Ultimately, however, you will have to answer to a far more critical judge than six and onehalf million Georgians. There will come a day when you will have to look into the mirror and tell your own heart and conscience that you did your best, that you met the challenge head on, that you were not afraid of difficult decisions that involved the assessment of risk. You are here today because the voters believed you have what it takes, and I do not believe you will let them or me down.
Thank you and God bless you.
WEDNESDAY, JANUARY 11, 1989
69
Senator Allgood of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
The Speaker called the House to order.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
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Representative Hall, Atlanta, Georgia Thursday, January 12, 1989
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 Abernathy Adams
Aiken
Alford
Alien Athon Atkins
Bailey
Baker Balkcom Bannister Barfoot
Bargeron Barnett.B Barnett.M Beck Benefleld Benn Birdsong Bishop Bostick
Branch Breedlove Brooks Buck Buford Byrd Carrell Carter Chambless
Chance Cheeks Childers
Clark.B Clark.H Clark.L Colbert Coleman Connell Couch Crawford Crosby Cummings.B Davis.C Davis.G Davis.M Dixon.H Dixon,S Dover Dunn Ehrhart Felton Fennel Floyd Foster
Godbee Good win Green
Greene Gresham Griffin Groover Hamilton Harris
Hasty Heard Herbert
Holcomb Holland
Holmes Hooks Howren Hudson Irwin Isakson Jackson,J Jamieson Jenkins Johnson Jones Kilgore Kingston Lane.D Lane.R Langford Lawrence Lawson Lee
Linder
Long
Lord
Lucas
Lupton
Mangum Martin
McCoy
McDonald
McKelvey
McKinney.B
McKinney.C
Meadows Milam Mobley Moody
Moore
Morton Moultrie Mueller Oliver.C Oliver.M Orr Orrock Padgett Pannell Parham Parrish Patten Pettit Pinkston Poag Porter
Poston
Powell
Rainey
Ransom
Ray
Reaves
Redding
Richardson
Ricketson Robinson
Royal
Selman
Simpson Sinkfield Smith.L Smith,P Smith.W Smyre Snow Stancil.F Stancil,S Stanley Steele Stephens Teper
Thomas.M Thompson Thurmond Titus Tolbert Townsend Vaughan Waddle
Walker,L
Wall
Ware
Watson
Watts
White
Wilder
Williams.B
Williams,J
Yates
Yeargin
Murphy.Spkr
Prayer was offered by Elder M. Wayne Gibbs, Pastor, Metter Primitive Baptist Church, Metter, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
THURSDAY, JANUARY 12, 1989
71
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 144. By Representatives Smyre of the 92nd, Porter of the 119th, Moody of the 153rd, Yeargin of the 14th, Adams of the 79th and others:
A bill to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to excise taxation of motor fuel, so as to change the rate of such taxation.
Referred to the Committee on Ways & Means.
HB 145. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1989 and ending June 30, 1990.
Referred to the Committee on Appropriations.
HB 146. By Representatives Colwell of the 4th, Twiggs of the 4th, Foster of the 6th, Steele of the 97th, Athon of the 57th and others:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the licenses of habitually negligent, incompetent, or dangerous drivers, so as to revise the points assessed for certain offenses.
Referred to the Committee on Motor Vehicles.
HB 147. By Representative Waddle of the 113th:
A bill to amend Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to the appointment and qualification of administrators and executors, so as to provide for the appointment of a temporary administrator or officer to preserve the estate of a deceased person which is unrepresented or not likely to be represented.
Referred to the Committee on Special Judiciary.
HB 148. By Representatives Hooks of the 116th, Walker of the 115th, Dobbs of the 74th, Floyd of the 154th, Griffin of the 6th and Davis of the 29th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill operators; to provide for examinations; to provide for reciprocity; to provide for investigations; to provide for classification of sanitary landfills.
Referred to the Committee on Natural Resources & Environment.
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HB 149. By Representatives Hamilton of the 124th, Clark of the 20th and White of the 132nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the provisions relating to compulsory attendance; to change the maximum age at which a child is required to be enrolled in a public school, private school, or home study program.
Referred to the Committee on Education.
HB 150. By Representatives Parham of the 105th and Green of the 106th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to repeal the provisions relating to the repeal of said Article 3 upon increase of current state sales and use tax rate.
Referred to the Committee on Ways & Means.
HB 151. By Representatives Watson of the 114th, Buck of the 95th, Kilgore of the 42nd and Pettit of the 19th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Seed Capital Fund to provide equity and other capital to entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ventures which will increase the state's share of domestic or international markets and enhance economic development in the state.
Referred to the Committee on University System of Georgia.
HB 152. By Representatives Porter of the 119th and Jackson of the 9th:
A bill to amend Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to enrollment counts to determine financing, so as to remove driver education courses from the list of courses which cannot be used to determine enrollment counts.
Referred to the Committee on Education.
HB 153. By Representatives Isakson of the 21st, Kilgore of the 42nd, Colbert of the 23rd, Richardson of the 52nd and Stancil of the 8th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt transactions in which tangible personal property is furnished by a regional water authority or regional sewer authority to a person who contracts to perform services for the governmental entities with regard to public water or sewerage systems.
Referred to the Committee on Ways & Means.
HB 154. By Representatives Watson of the 114th and Kilgore of the 42nd:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions relating to state minimum standard codes; to change the definition of the term "State minimum standard codes".
Referred to the Committee on Industry.
THURSDAY, JANUARY 12, 1989
73
HB 155. By Representatives Griffin of the 6th, Foster of the 6th, Patten of the 149th, Poag of the 3rd and McCoy of the 1st:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Underground Storage Tank Act," so as to change the provisions relating to the definition of a petroleum product; to change the provisions relating to the payment of the environmental assurance fee on petroleum products for the purposes of the Underground Storage Tank Trust Fund.
Referred to the Committee on Natural Resources & Environment.
HB 156. By Representative Kingston of the 125th:
A bill to amend Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retirement System of Georgia for service as a teacher, so as to authorize creditable service to be obtained for certain teaching service as an employee of a county school district which maintained a local retirement system.
Referred to the Committee on Retirement.
HB 157. By Representatives Ray of the 98th, Pinkston of the 100th, Groover of the 99th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility.
Referred to the Committee on Judiciary.
HB 158. By Representatives Robinson of the 96th, Beck of the 148th and Buck of the 95th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the state sales and use tax, so as to provide for an exemption for sales of tangible personal property or services to, and the purchase of tangible personal property, the Boy Scouts of America or the Girl Scouts of America.
Referred to the Committee on Ways & Means.
HB 159. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Stephens of the 68th, Cheeks of the 89th and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to specifically include the board of regents and all units of the university system in the definition of state agencies participating in the program and authorized to make deductions from the salaries or wages of their employees.
By uanimous consent, HB 159 was order engrossed.
Referred to the Committee on University System of Georgia.
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JOURNAL OF THE HOUSE,
HB 160. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the authorization and applicability of the state student incentive grant program, so as to remove the maximum amount of the grant and authorize the board of directors of the Georgia Student Finance Authority to establish the maximum award subject to state appropriations.
Referred to the Committee on University System of Georgia.
HB 161. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commission, so as to increase the compensation of the commissioners.
Referred to the Committee on University System of Georgia.
HB 162. By Representatives Beck of the 148th, Patten of the 149th, Reaves of the 147th, Ricketson of the 82nd, Carter of the 146th and others:
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 Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between certain telephones located within the same county.
Referred to the Committee on Industry.
HB 163. By Representatives Lane of the 27th and Watts of the 41st:
A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of account, annual auditor's report, annual population estimates, provision of operating funds for commission by governing bodies, and adoption of annual program and budget with respect to metropolitan area planning and development commissions, so as to change the provisions relating to the amounts due from the political subdivisions in the metropolitan area.
Referred to the Committee on State Planning & Community Affairs.
HB 164. By Representatives Crawford of the 5th, Walker of the 115th, Dover of the llth, Long of the 142nd, Coleman of the 118th and Bostick of the 138th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and controlled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide that no provision of this Act shall in any manner provide any immunity for a dealer from criminal prosecution.
Referred to the Committee on Ways & Means.
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75
HB 165. By Representatives Hamilton of the 124th, Oliver of the 53rd, Orrock of the 30th, Carrell of the 65th, Mobley of the 64th and Brooks of the 34th:
A bill to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing organizations, etc., before the General Assembly, so as to require persons representing state departments, agencies, boards, commissions, or authorities to register; to exempt such state officials from the registration fee.
Referred to the Committee on Rules.
HB 166. By Representative Birdsong of the 104th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools so as to prohibit the upbraiding, insulting, or abusing of any public school teacher or public school bus driver upon the premises of any public school in the presence and hearing of a pupil thereof.
Referred to the Committee on Education.
HR 34. By Representatives Beck of the 148th, Patten of the 149th, Reaves of the 147th and Thomas of the 69th:
A resolution requesting the Board of Regents of the University System of Georgia to consider a program of free tuition for faculty children.
Referred to the Committee on University System of Georgia.
HR 35. By Representatives Groover of the 99th, Lucas of the 102nd, Randall of the 101st and Davis of the 29th:
A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia.
Referred to the Committee on State Institutions & Property.
HR 36. By Representatives Isakson of the 21st, Vaughan of the 20th, Breedlove of the 60th, Howren of the 20th, Stancil of the 8th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for special investigative grand juries which shall have jurisdiction throughout the state in cases involving trafficking in cocaine, marijuana, methaqualone, and other illegal drugs and to provide for all matters relative to the procedures, requirements, and powers of such special investigative grand juries.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 119 HB 120 HB 121 HB 122 HB 123 HB 124 HB 125
HB 126 HB 127 HB 128 HB 129 HB 130 HB 131 HB 132
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HB 133 HB 134 HB 135 HB 136 HB 137 HB 138 HB 139
HB 140 HB 141 HB 142 HB 143 HR 31 HR 32
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 22 Do Pass
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 10 Do Pass HB 55 Do Pass HB 90 Do Pass HB 91 Do Pass
HB 92 Do Pass HB 93 Do Pass, as Amended HB 105 Do Pass, as Amended HB 108 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 41 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
THURSDAY, JANUARY 12, 1989
77
HB 41. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 26, 1986 (Ga. L. 1986, p. 4843), so as to change provisions relating to eligibility to hold office as a member of the Commission of the City of Waycross; to prohibit certain holding of dual offices or dual employment by the Mayor and members of the Commission; to prohibit the Mayor and members of the Commission from taking certain actions with respect to matters in which they are personally interested; to provide for related matters; to provide for the addition of certain areas to the territorial limits of the city; 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 new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 26, 1986 (Ga. L. 1986, p. 4843), is amended by striking paragraph (1) of Section 7 which reads as follows:
"(1) The Commission of the City of Waycross shall be composed of five commissioners elected from the election districts described in Section 6 of this Act. Each member shall reside within the election district he represents and each member shall be elected by a majority of the qualified electors voting within each district. Each member of the commission shall, at the time he qualifies to run for office, be a resident of the election district which he seeks to represent, be at least 25 years of age, and be a qualified voter of the City of Waycross. Each member of the commission shall, during his term of office, continue to meet such qualifications. No person holding the office of commissioner shall hold any other public office or employment, except that of notary public or member of the state militia." and inserting in its place a new paragraph to read as follows:
"(1) The Commission of the City of Waycross shall be composed of five commissioners elected from the election districts described in Section 6 of this Act. Each member shall reside within the election district he represents and each member shall be elected by a majority of the qualified electors voting within each district. Each member of the commission shall, at the time he qualifies to run for office, be a resident of the election district which he seeks to represent, be at least 25 years of age, and be a qualified voter of the City of Waycross. Each member of the commission shall, during his term of office, continue to meet such qualifications."
Section 2. Said Act is further amended by adding at the end of Section 7 a new paragraph (6) to read as follows:
"(6) (A) Except as authorized by law, neither the Mayor nor any member of the Commission shall hold any other city office or city employment; and neither the Mayor nor any member of the Commission shall be an employee of Ware County, Georgia, during the term for which elected.
(B) Neither the Mayor nor any member of the Commission shall vote upon or sign any ordinance, resolution, contract, or other matter in which he is personally interested."
Section 3. Said Act is further amended by adding after Section 2A a new Section 2B to read as follows:
"Section 2B. On and after the effective date of this section, the corporate limits of the City of Waycross shall be extended so as to include the following tracts of land:
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(1) That tract known as the Baptist Village Campus Area and bounded as follows: Commence at the centerline of Carswell Avenue at the point where the westerly
corporate limits of the City of Waycross, Ware County, Georgia intersect said centerline; thence north 88 degrees west, a distance of 7,450 feet to the centerline of Carswell Avenue and at the center of a 58 foot long concrete bridge over Kettle Creek; thence westerly along the centerline of Carswell Avenue, 139 feet; thence in a 90 degree angle and in a northerly direction a distance of 50 feet to the northerly right of way of Carswell Avenue, which is the point of Beginning of the property described herein. Thence south 80 degrees, 19 minutes west and along the northerly right of way of Carswell Avenue; a distance of 1693 feet; thence north 9 degrees, 41 minutes west with a distance of 1830 feet; thence north 80 degrees, 9 minutes east with a distance of 1693 feet; thence south 9 degrees, 21 minutes east a distance of 1830 to the point of Beginning. This property contains 72.12 acres in Land Lot 170 of the Eighth Land District of Ware County, Georgia. (2) The entire right of way of Carswell Avenue along that portion of Carswell Avenue extending between the tract described in paragraph (1) of this section and the westerly corporate limits of the City of Waycross and the entire right of way of Carswell Avenue along that portion of Carswell Avenue which abuts the tract described in paragraph (1) of this section; and (3) To arrive at the beginning point of the herein described tract commence at the point on the northwesterly right of way of Plant Avenue where the northeasterly city limits of the City of Waycross intersects the right of way of Plant Avenue thence north 40 degrees, 48 minutes east, distance of 864 feet to the point of beginning of the herein described tract which point is north 40 degrees, 48 minutes east, a distance of 3,025 feet from Mile Marker 20 (U.S. Highway 82)); thence in a northwesterly direction along the right of way of Lisbon Drive, a distance of 200 feet; thence in a northeasterly direction, and parallel with the northwesterly right of way of Plant Avenue, a distance of 100 feet; thence in a southerly direction parallel with Lisbon Drive, a distance of 200 feet to Plant Avenue; thence and in a southwesterly direction along the northwesterly right of way of Plant Avenue, a distance of 100 feet to the point or place of beginning, containing all of Lots 12 and 13 of Block A, Satilla Terrace Subdivision, according to Plat Book A, Page 188, in the Office of the Clerk of Ware Superior Court."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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.
By unanimous consent, HB 41, by substitute was ordered immediately transmitted to the Senate.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 37. By Representatives Stancil of the 66th and Buck of the 95th:
A resolution recognizing the 4-H Clubs of Georgia and inviting Ms. Tricey Hill, Dr. Thomas F. Rodgers, and the 1988 national 4-H champions to appear before the House of Representatives.
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79
HR 52. By Representative Redding of the 50th:
A resolution commending Mr. Robert T. Burgess, ST., and inviting him to appear before the House of Representatives.
HR 62. By Representative Adams of the 79th:
A resolution commending the R. E. Lee High School "Rebels" and inviting Coach Tommy Perdue and his team to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 38. By Representatives Dobbs of the 74th and Stancil of the 66th: A resolution commending Michael Cowan.
HR 39. By Representatives Stancil of the 66th and Buck of the 95th: A resolution commending Dr. Thomas F. Rodgers.
HR 40. By Representative Ricketson of the 82nd: A resolution commending Andy Johnson.
HR 41. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A resolution commending Leigh Sirmans.
HR 42. By Representatives Godbee of the 110th and Lane of the lllth: A resolution commending Susan Smith.
HR 43. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Bishop of the 94th, Smyre of the 92nd and others:
A resolution commending Kevin Stone.
HR 44. By Representatives Stancil of the 66th and Buck of the 95th: A resolution commending Hope Dutton.
HR 45. By Representatives Cummings of the 17th and Stancil of the 66th: A resolution commending Ms. Tricey Hill.
HR 46. By Representative Carrell of the 65th: A resolution commending Ben Laseter.
HR 47. By Representatives Birdsong of the 104th and Jenkins of the 80th: A resolution commending Chap Nelson.
HR 48. By Representatives Clark of the 13th, Irwin of the 13th, Stephens of the 68th and Thurmond of the 67th:
A resolution commending Nikki Clifton.
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HR 49. By Representatives Dobbs of the 74th and Stancil of the 66th: A resolution commending Austin Aldridge.
HR 50. By Representatives Reaves of the 147th, Patten of the 149th and Beck of the 148th:
A resolution commending Melinda Downing.
HR 51. By Representatives Godbee of the 110th and Lane of the lllth: A resolution commending Barclay Black.
HR 53. By Representatives Patten of the 149th, Heard of the 43rd, Lee of the 72nd, Jones of the 71st and Yates of the 75th:
A resolution commending Ms. Cynthia Lynn Schreyer.
HR 54. By Representatives Royal of the 144th, Balkcom of the 140th, Groover of the 99th, Walker of the 115th, Long of the 142nd and others:
A resolution expressing regret at the passing of Judge Robert E. Lee Culpepper, Jr.
HR 55. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A resolution commending Kevin Davis.
HR 56. By Representative Smith of the 78th: A resolution commending the Jackson High School Red Devils baseball team.
HR 57. By Representative Smith of the 78th: A resolution commending Warren Holder.
HR 58. By Representatives Cummings of the 17th, Murphy of the 18th, Childers of the 15th, Smith of the 16th, Hooks of the 116th and others:
A resolution commending Jeff Burger, starting quarterback for the Auburn University football team.
HR 59. By Representatives Lane of the 27th, Stancil of the 66th, Barnett of the 59th, Holcomb of the 72nd and Carrell of the 65th:
A resolution recognizing the month of May, 1989, as "Motorcycle Awareness and You Month" in Georgia.
HR 60. By Representative Hooks of the 116th:
A resolution commending the Americus Area Interest Group of Alpha Kappa Alpha Sorority, Inc.
HR 61. By Representative Bostick of the 138th: A resolution commending the 4-H Poultry Judging Team from Tift County.
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81
HR 63. By Representatives Barnett of the 10th, Jackson of the 9th, Lawson of the 9th, Orr of the 9th, Colwell of the 4th and others:
A resolution expressing support for the re-authorization of Lake Sidney Lanier for water supply and recreation purposes.
HR 64. By Representatives Johnson of the 123rd, Hamilton of the 124th, Dixon of the 128th, Mueller of the 126th, Pannell of the 122nd and others:
A resolution commending the Savannah Regional Minority Purchasing Council.
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 167. By Representative Redding of the 50th:
A bill 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 provide that the working test period of employment shall not apply to an interdepartmental transfer.
Referred to the Committee on Governmental Affairs.
HB 168. By Representatives Redding of the 50th, Powell of the 145th and Harris of the 84th:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to provide a minimum distance between businesses licensed for retail sale of distilled spirits.
Referred to the Committee on Regulated Beverages.
HB 169. By Representatives Redding of the 50th, Powell of the 145th and Harris of the 84th:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to require applicants for retail dealer licenses to publish notices of intent.
Referred to the Committee on Regulated Beverages.
HB 170. By Representatives Redding of the 50th, McKelvey of the 15th, Dunn of the 73rd, Walker of the 85th, Barnett of the 59th and Tolbert of the 58th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the protection of public health, safety, and the environment by establishing a Radon Licensing Board; to provide a short title.
Referred to the Committee on Health & Ecology.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Institutions and Property and referred to the Committee on Game, Fish and Recreation:
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HB 129. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, so as to provide for reduced fees for the use of occupancy of such facilities by disabled veterans.
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.
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83
Representative Hall, Atlanta, Georgia Friday, January 13, 1989
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 David M. Harr, Pastor, Simpson United Methodist Church, Rossville, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 171. By Representative Brown of the 88th: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance contract in general, so as to provide that all insurance contracts of accident and sickness insurance, shall provide that such reimbursements are payable regardless of whether such services are rendered by a doctor of medicine or such certified registered nurse anesthetist; certified nurse practitioner, or certified nurse midwife.
Referred to the Committee on Insurance.
HB 172. By Representatives Brown of the 88th and McKinney of the 35th: A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of the state sales and use tax, so as to provide for a maximum amount of such tax which may be levied with respect to the sale or lease of certain aircraft, vehicles, and vessels.
Referred to the Committee on Ways & Means.
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HB 173. By Representatives Vaughan of the 20th, Ehrhart of the 20th, Aiken of the 21st, Breedlove of the 60th, Felton of the 22nd and others:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to procedure for imposition of the death penalty, so as to include as a statutory aggravating circumstance the offense of murder committed during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution, or service of a prison sentence for a felony violation.
Referred to the Committee on Judiciary.
HB 174. By Representatives Clark of the 20th, Howren of the 20th, Thompson of the 20th, Vaughan of the 20th, Ehrhart of the 20th and Aiken of the 21st:
A bill to reincorporate and provide a new charter for the City of Acworth in Cobb County, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 175. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance licensing of agents, solicitors, brokers, counselors, and adjusters, so as to provide for grounds for refusing, suspending, or revoking such licenses; to provide for fiduciary capacities and record keeping requirements of agents holding licenses for life and accident and sickness insurance lines.
Referred to the Committee on Insurance.
HB 176. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group requirements for life insurance, so as to provide that multiple employer welfare arrangements shall constitute lawful groups for purposes of the delivery of group life insurance.
Referred to the Committee on Insurance.
HB 177. By Representatives Ware of the 77th, Dunn of the 73rd, Lucas of the 102nd, Ricketson of the 82nd, Williams of the 48th and others:
A bill to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions concerning motor vehicle accident insurance, so as to exclude certain persons from the definition of insured.
Referred to the Committee on Insurance.
HB 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.
Referred to the Committee on Insurance.
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85
HB 179. By Representatives Beck of the 148th, Patten of the 149th, Reaves of the 147th and Thomas of the 69th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that there shall be no limit on the amount of unused sick leave which may be accumulated for the purpose of members of the Teachers Retirement System of Georgia obtaining creditable service under said retirement system for such unused sick leave.
Referred to the Committee on Retirement.
HB 180. By Representative Lawson of the 9th:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, so as to require the defendant to inform the district attorney of any defenses which the defendant intends to make at a hearing or trial and to submit a list of possible witnesses to the district attorney upon written demand.
Referred to the Committee on Judiciary.
HB 181. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-5-25 of the Official Code of Georgia Annotated, relating to the duties of a broker in placing insurance with an unauthorized insurer, so as to provide that a broker shall use current available reliable financial information about unauthorized insurers; to provide conditions for the placement of insurance.
Referred to the Committee on Insurance.
HB 182. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to require property and casualty insurers to engage the services of a qualified independent loss reserve specialist under certain circumstances.
Referred to the Committee on Insurance.
HB 183. By Representatives Ware of the 77th, Griffin of the 6th, Dunn of the 73rd, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to provide that certain direct response advertising shall constitute an unfair trade practice.
Referred to the Committee on Insurance.
HB 184. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th and Dobbs of the 74th:
A bill to amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to provide for the protection of water supplies within watersheds; to provide for a short title.
Referred to the Committee on Natural Resources & Environment.
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JOURNAL OF THE HOUSE,
HB 185. By Representative Randall of the 101st:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that licenses of certain persons shall be returned upon the acceptance of a plea and payment of the imposed fine.
Referred to the Committee on Motor Vehicles.
HB 186. By Representative Wall of the 61st:
A bill to amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, so as to provide a definition for school bus drivers' retirement date; to provide that school bus drivers may remain actively employed until the age of 70; to provide that school bus drivers may choose to retire between the period of their normal retirement date and attainment of the age of 70.
Referred to the Committee on Retirement.
HB 187. By Representative Randall of the 101st:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear.
Referred to the Committee on Special Judiciary.
HB 188. By Representative Adams of the 79th:
A bill to amend Code Section 35-8-7.1 of the Official Code of Georgia Annotated, relating to the authority of the Georgia Peace Officer Standards and Training Council to refuse to grant a certificate to an applicant under certain conditions and to discipline certified peace officers or exempt peace officers, so as to provide that the council may not deny a certificate to an applicant with a conviction if such convicted person has received a first offender or youthful offender pardon.
Referred to the Committee on Public Safety.
HB 189. By Representative Randall of the 101st:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to provide for the creation of a Handgun Roster Board; to provide for applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act".
Referred to the Committee on Public Safety.
HB 190. By Representative Randall of the 101st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that firearms dealers obtain certain information from purchasers of certain firearms; to provide that such firearms dealers send such information to the Georgia Crime Information Center; to provide that such center determine from its records if such purchaser is authorized to obtain a license to carry a pistol or revolver.
Referred to the Committee on Public Safety.
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HB 191. By Representative Porter of the 119th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to employment of superior court judges' secretaries, so as to provide for the pay level of certain reemployed superior court judges' secretaries.
Referred to the Committee on Judiciary.
HB 192. By Representatives Porter of the 119th and Groover of the 99th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that a state court judge shall, on the date he takes office, reside within the judicial circuit containing the geographic area in which he is selected to serve.
Referred to the Committee on Judiciary.
HB 193. By Representatives Porter of the 119th, Jamieson of the llth and Coleman of the 118th:
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 regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other similar sales.
Referred to the Committee on Industry.
HB 194. By Representatives Buck of the 95th, Robinson of the 96th and Steele of the 97th:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupational taxes generally, so as to exempt marriage and family therapists from the levy of any license, occupation, or professional tax by counties and municipalities.
Referred to the Committee on Ways & Means.
HB 195. By Representatives Jamieson of the llth, Moore of the 139th, Parham of the 105th, Twiggs of the 4th and Gresham of the 21st:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to misleading advertisements.
Referred to the Committee on Judiciary.
HB 196. By Representatives Wilder of the 21st, Richardson of the 52nd, Bailey of the 72nd, Holcomb of the 72nd, Davis of the 72nd and others:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs of the judge of the probate court, so as to provide that the governing authority of a county may impose an additional fee for issuance of a marriage license; to provide for collection of said fee; to provide for transmission of fees to county treasury; to provide for allocation of such fees to fund and support family violence shelters.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 197. By Representatives Clark of the 13th, Cummings of the 17th, Bargeron of the 108th, Long of the 142nd, Chance of the 129th and others:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to the number of years of creditable service necessary for retirement regardless of age.
Referred to the Committee on Retirement.
HB 198. By Representatives Clark of the 13th, McKinney of the 35th, McKinney of the 40th, Bargeron of the 108th, Long of the 142nd and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement System, so as to change the provisions relating to the retirement allowance.
Referred to the Committee on Retirement.
HB 199. By Representatives Alien of the 127th, Hamilton of the 124th, Johnson of the 123rd, Kingston of the 125th and Mueller of the 126th:
A bill to amend an Act creating the State Court of Chatham County, so as to change certain provisions relating to costs and fees.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 200. By Representative Edwards of the 112th:
A bill to amend Code Section 43-11-71 of the Official Code of Georgia Annotated, relating to qualifications of applicants for licensure as dental hygienists, so as to change the licensing requirements.
Referred to the Committee on Health & Ecology.
HB 201. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th, Crosby of the 150th, Robinson of the 96th and others:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, so as to define certain terms; to require disclosures to insureds; to require identification on nonoriginal equipment manufacturer aftermarket crash parts.
Referred to the Committee on Insurance.
HB 202. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth, Reaves of the 147th and Langford of the 7th:
A bill to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the game and fish laws, so as to change certain definitions; to amend Code Section 27-4-74 of the Official Code of Georgia Annotated, relating to the sale, purchase, or transportation of game fish generally, so as to exempt farmed domestic fish from the prohibitions of the Code section.
Referred to the Committee on Agriculture & Consumer Affairs.
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HB 203. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th, Colwell of the 4th, Twiggs of the 4th and others:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Annotated, relating to notice of termination of insurance policies, so as to provide that notice of termination of accident and sickness insurance policies be dispatched to the insured not later than 60 days prior to the termination date of the policy.
Referred to the Committee on Insurance.
HB 204. By Representatives Smith of the 16th and Hudson of the 117th:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Pesticide Use and Application Act of 1976," so as to provide for the posting of certain signs regarding the applications of pesticides and prevent the removal, alteration, or defacement of those signs except under certain conditions; to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to persons engaged in structural pest control so as to require certain licensees to furnish information regarding pesticides.
Referred to the Committee on Health & Ecology.
HB 205. By Representatives Ware of the 77th, Dunn of the 73rd, Lucas of the 102nd, Ricketson of the 82nd, Williams of the 48th and others:
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 that domestic insurers shall be examined once every three years.
Referred to the Committee on Insurance.
HB 206. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 42 of Title 33 of the Official Code of Georgia Annotated, relating to long-term care insurance, so as to allow such insurance to be provided through a rider to a life insurance policy or by inclusion of a long-term care provision within a life insurance policy; to provide for applicability; to prohibit in certain policies a requirement of institutionalization prior to the payment of benefits.
Referred to the Committee on Insurance.
HB 207. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Abernathy of the 39th and others:
A bill to amend Code Section 33-30-4 of the Official Code of Georgia Annotated, relating to required provisions in group accident and sickness policies generally, so as to require group policies of accident and sickness insurance to contain a provision entitling the policyholder to a grace period for the payment of any premium except the first premium.
Referred to the Committee on Insurance.
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JOURNAL OF THE HOUSE,
HB 208. By Representatives Barnett of the 10th, Jackson of the 9th, Harris of the 84th, Lane of the 27th, Crosby of the 150th and Dixon of the 151st:
A bill to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission through motor vehicle windows, so as to prohibit affixing such material to certain windows and the rear windshield of motor vehicles resulting in a reduction of light transmission to less than 32 percent or resulting in light reflectance of more than 20 percent.
Referred to the Committee on Motor Vehicles.
HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, Birdsong of the 104th, Moultrie of the 93rd and Richardson of the 52nd:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relating to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.
Referred to the Committee on Health & Ecology.
HB 210. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to land registration, so as to repeal Code Section 44-2-139, relating to registration and title certificates running with the land; to allow registered land to be defeased by adverse possession; to allow transfers of title made by the last registered owner or said owner's representatives, heirs, or assigns to be valid transfers of title to the land so described.
Referred to the Committee on Judiciary.
HB 211. By Representative Morton of the 47th:
A bill to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding criminal trespass or damage to property, so as to provide for the offense of criminal damage to a burial place.
Referred to the Committee on Special Judiciary.
HB 212. By Representatives Morton of the 47th, Davis of the 45th, Teper of the 46th, Ehrhart of the 20th and Vaughan of the 20th:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general property provisions, so as to provide for the removal of vehicles improperly parked on private property; to provide for the posting of notice; to provide for a lien for removal and storage costs; to provide for lien enforcement; to provide for removal of vehicles improperly parked on private property.
Referred to the Committee on Motor Vehicles.
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HB 213. By Representatives Morton of the 47th, Davis of the 45th, Ehrhart of the 20th, Kingston of the 125th and Lawrence of the 49th:
A bill to amend Code Section 48-6-27 of the Official Code of Georgia Annotated, relating to returns of intangible personal property for taxation, so as to change the level of tax liability below which no return need be filed and no taxes need be paid; to provide for a referendum; to provide an effective date.
Referred to the Committee on Ways & Means.
HB 214. By Representative McDonald of the 12th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
Referred to the Committee on Appropriations.
HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th, Walker of the 115th, Isakson of the 21st and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide a framework to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.
Referred to the Committee on State Planning & Community Affairs.
HB 216. By Representative Buford of the 103rd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.
Referred to the Committee on Judiciary.
HB 217. By Representative Buford of the 103rd:
A bill to amend Code Section 25-3-2 of the Official Code of Georgia Annotated, relating to powers of fire departments in event of emergencies generally, so as to expand the emergency powers of fire departments.
Referred to the Committee on Public Safety.
HB 218. By Representatives Couch of the 36th and Jamieson of the llth:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency, so as to provide for circumstances in which a child is competent to testify without qualification.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 219. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create a chairman and board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 220. By Representatives Coleman of the 118th, Royal of the 144th and Crosby of the 150th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to specify certain circumstances under which a tax shall be levied in certain special districts; to provide that under such circumstances certain past noncompliance with certain procedures shall not affect the levy of the tax.
Referred to the Committee on Ways & Means.
HB 221. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each member of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district.
Referred to the Committee on Education.
HB 222. By Representatives Clark of the 20th, Randall of the 101st, Howren of the 20th, Atkins of the 21st, Isakson of the 21st and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain designations of "referee" to "juvenile court magistrate" and designations of "traffic referee" to "juvenile court traffic magistrate"; to provide for additional orders of disposition for delinquent children.
Referred to the Committee on Judiciary.
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93
HR 65. By Representatives Jamieson of the llth and Dover of the llth: A resolution compensating Mr. James Luther Brock.
Referred to the Committee on Appropriations.
HR 66. By Representative Greene of the 130th: A resolution designating the George S. Lee Causeway.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:
HB 223. By Representatives Smyre of the 92nd, Hooks of the 116th, Coleman of the 118th and Lawson of the 9th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees, prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof.
Referred to the Committee on Ways & Means.
HB 224. By Representatives Thompson of the 20th, Kilgore of the 42nd, Watts of the 41st, Simpson of the 70th and Atkins of the 21st:
A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to procedure for the imposition of the death penalty generally, so as to provide for additional aggravating circumstances.
Referred to the Committee on Judiciary.
HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.
Referred to the Committee on Ways & Means.
HB 226. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning preservation, promotion, etc., of historic areas generally, so as to require the Historic Preservation Section of the Department of Natural Resources to establish, maintain, and expand a Georgia Register of Historic Places; to provide which properties shall be included in such register.
Referred to the Committee on Ways & Means.
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JOURNAL OF THE HOUSE,
HB 227. By Representatives Wilder of the 21st, McKinney of the 35th, Isakson of the 21st and Brooks of the 34th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examiners employed by the Department of Public Safety shall be deputies to certain boards of registrars; to provide for powers and duties of such deputies; to provide for additional registration places.
Referred to the Committee on Governmental Affairs.
HB 228. By Representatives Wilder of the 21st, Isakson of the 21st, Bannister of the 62nd and Lane of the lllth:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to repeal certain provisions requiring the repeal of such article upon an increase of the current 3 percent state sales and use tax to a rate in excess of 3 percent.
Referred to the Committee on Ways & Means.
HB 229. By Representatives Thomas of the 31st, Pannell of the 122nd, Oliver of the 53rd, Stanley of the 33rd, Orrock of the 30th and others:
A bill to amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape.
Referred to the Committee on Judiciary.
HB 230. By Representatives Smyre of the 92nd and Green of the 106th:
A bill to amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, so as to provide for a minimum state salary; to provide that such minimum state salary shall apply to the calculation of spouses' benefits.
Referred to the Committee on Retirement.
HB 231. By Representative Goodwin of the 63rd:
A bill to amend Code Section 49-5-3 of the Official Code of Georgia Annotated, relating to definitions under the "Children and Youth Act," so as to provide for definition of a day camp facility and for the inclusion of such a facility within the definition of a day-care center for the purpose of licensing and regulation by the Department of Human Resources.
Referred to the Committee on Health & Ecology.
HB 232. By Representatives Holmes of the 28th, Langford of the 7th and Thompson of the 20th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to taxable net income for state income tax purposes, so as to change the definition of Georgia taxable net income; to provide that advance tuition payments permitted under the "Georgia Education Trust Act" shall be deducted from taxable income in the tax year in which payments are made.
Referred to the Committee on Ways & Means.
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HB 233. By Representatives Holmes of the 23th, Greene of the 130th, Waddle of the 113th, Benefield of the 72nd, Richardson of the 52nd and Williams of the 48th:
A bill to amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to the excise tax on little cigars, cigars, and cigarettes, so as to increase the amount of such tax with respect to cigarettes.
Referred to the Committee on Ways & Means.
HB 234. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates for federal and state office, so as to change certain provisions regarding challenges to the qualifications of certain candidates by certain electors.
Referred to the Committee on Governmental Affairs.
HB 235. By Representatives Cummings of the 134th, Brooks of the 34th, White of the 132nd, Davis of the 29th and Thomas of the 31st:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance, so as to provide for the review by the Commissioner of Insurance of all forms and changes to forms of policies of insurance used in this state.
Referred to the Committee on Insurance.
HB 236. By Representatives Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Isakson of the 21st, Ehrhart of the 20th and others:
A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 237. By Representatives Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Isakson of the 21st, Ehrhart of the 20th and others:
A bill to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 238. By Representative Holmes of the 28th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of peace officer and retired peace officer.
Referred to the Committee on Public Safety.
HB 239. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and Connell of the 87th:
A bill to amend Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, so as to change certain provisions regarding the posting of certain lists of qualified candidates; to provide for criminal penalties; to change certain provisions regarding the certification of political party candidates.
Referred to the Committee on Governmental Affairs.
96
JOURNAL OF THE HOUSE,
HB 240. By Representatives Crosby of the 150th, Coleman of the 118th, Walker of the 115th, McDonald of the 12th, Johnson of the 123rd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a job tax credit for certain business enterprises in certain counties which have been designated by the Department of Community Affairs and certified by the state revenue commissioner as less developed areas.
Referred to the Committee on Ways & Means.
HB 241. By Representatives Holmes of the 28th and Martin of the 26th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes and exemptions, so as to provide a child care credit against the tax imposed under Code Section 48-7-20; to provide a limit on the amount creditable; to provide an earned income limitation; to provide special rules.
Referred to the Committee on Ways & Means.
HB 242. By Representative Holmes of the 28th:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examiners employed by the Department of Public Safety shall be deputies to certain boards of registrars; to provide for powers and duties of such deputies; to provide for additional registration places.
Referred to the Committee on Governmental Affairs.
HB 243. By Representatives Goodwin of the 63rd and Wall of the 61st:
A bill to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duties to provide support, so as to provide procedures for the withholding of alimony and support payments from wages, salaries, commissions, pensions, annuities, and other periodic income due to the person obliged for alimony or support.
Referred to the Committee on Special Judiciary.
HB 244. By Representatives Holmes of the 28th, Langford of the 7th and Thompson of the 20th:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Georgia Education Trust to assist students and their parents in financing postsecondary education; to provide a short title.
Referred to the Committee on University System of Georgia.
HB 245. By Representatives Robinson of the 96th, Thomas of the 69th, Moultrie of the 93rd, Ware of the 77th, Milam of the 81st and others:
A bill to amend Code Section 14-2-86 of the Official Code of Georgia Annotated, relating to rights and options to purchase shares, so as to provide that a board of directors may determine the terms and conditions of issuance and exercise of rights, options, or warrants; to provide that the term of such rights, options, or warrants may include restrictions or conditions that preclude or limit the exercise, transfer, or receipt of, or invalidate or void, any such rights, options, or warrants.
Referred to the Committee on Judiciary.
FRIDAY, JANUARY 13, 1989
97
HB 246. By Representatives Aiken of the 21st, Bostick of the 138th and Benn of the 38th:
A bill to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment of criminal fines and forfeitures into the county treasury, so as to provide that when a prosecution arising under the traffic laws of the state is originally brought in municipal court and subsequently bound over to another court, a portion of any fine or forfeiture in the case shall be paid over to the municipality.
Referred to the Committee on Special Judiciary.
HB 247. By Representatives Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Redevelopment Powers Law," so as to change the definition of "taxable value".
Referred to the Committee on Ways & Means.
HB 248. By Representatives Crosby of the 150th, Royal of the 144th and Coleman of the 118th:
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 authorities to file an annual report of indebtedness with the Department of Community Affairs.
Referred to the Committee on Ways & Means.
HB 249. By Representatives Hamilton of the 124th, Byrd of the 153rd, Hooks of the 116th, Titus of the 143rd and Snow of the 1st:
A bill to amend Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions of the mental health law, so as to prohibit the sale and use of electric shock devices or other aversive therapies to modify injurious behavior.
Referred to the Committee on Health & Ecology.
98
JOURNAL OF THE HOUSE,
HR 68. By Representatives Johnson of the 123rd, Mueller of the 126th, Clark of the 55th, Childers of the 15th and Pannell of the 122nd:
A resolution creating the House Abandonment of Infants Study Committee.
Referred to the Committee on Rules.
HR 69. By Representative Holmes of the 28th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery, the net proceeds of which shall be used for providing hospital care for the indigent and for the support of education.
Referred to the Committee on Industry.
HR 70. By Representatives Cummings of the 134th, Brooks of the 34th, White of the 132nd, Davis of the 29th and Thomas of the 31st:
A resolution creating the House Disparity in Sentencing and Sentencing Reform Study Committee.
Referred to the Committee on Rules.
HR 71. By Representatives Abernathy of the 39th, Lord of the 107th, Walker of the 115th, Groover of the 99th, Howren of the 20th and others:
A resolution relative to the use of the Georgia National Guard to assist in the fight against drugs.
Referred to the Committee on Defense & Veterans Affairs.
HR 72. By Representatives Kingston of the 125th, Hooks of the 116th, Dover of the llth, Kilgore of the 42nd, Barnett of the 10th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for sources of revenue other than ad valorem taxes for local school systems.
Referred to the Committee on Ways & Means.
The Speaker announced the House in recess until 10:30 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 7 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from Chief Justice Thomas 0. Marshall, Jr., was called to order by the President of the Senate, Lieutenant Governor Zell Miller.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort, Chief Justice Thomas O. Marshall, Jr., appeared upon the floor of the House and addressed the Joint Session.
Senator Allgood of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
FRIDAY, JANUARY 13, 1989
99
The President of the Senate Lieutenant Governor Zell Miller, announced the Joint Session dissolved.
The Speaker called the House to order.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 144 HB 145
HB 146 HB 147 HB 148 HB 149 HB 150 HB 151 HB 152 HB 153 HB 154 HB 155 HB 156 HB 157 HB 158
HB 159 HB 160
HB 161 HB 162 HB 163 HB 164 HB 165 HB 166 HB 167 HB 168 HB 169 HB 170 HR 34 HR 35 HR 36
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 98 Do Pass
Respectfully submitted, /s/ McDonald of the 12th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 29 Do Pass, by Substitute HB 107 Do Pass HB 111 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
100
JOURNAL OP THE HOUSE,
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 99 Do Pass HB 100 Do Pass HB 131 Do Pass
Respectfully submitted, /s/ Jackson of the 9th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 138 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 138. By Representative Yeargin of the 14th:
A bill to amend an Act creating the Board of Commissioners of Oglethorpe 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.
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 4. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an annual salary, as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date.
FRIDAY, JANUARY 13, 1989
101
SB 11. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide for the compensation of certain successors to such office.
SB 12. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 4. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an annual salary, as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 11. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide for the compensation of certain successors to such office.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 12. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 22. By Representatives Childers of the 15th, Smith of the 16th and McKelvey of the 15th:
A resolution designating the Romeo Diprima Center, the Mildred Knight Prevocational Center for the Developmentally Disabled, and the Ellis Hale Training and Treatment Center for Adolescents at the Northwest Georgia Regional Hospital.
The 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:
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JOURNAL OF THE HOUSE,
Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Atkins
Y Bailey Y Baker
Balkcom Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby Cummings.B Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee
Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson ,J
Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Moore
Y Morton Moultrie
Y Mueller Y Oliver.C
Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinks ton YPoag Y Porter Y Poston Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Smith.L Y Smith,P Y Smith.T Y Smith, W Y Smyre
YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens
Y Teper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Wall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HB 98. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1989, for the payment of provider claims chargeable to State Fiscal Year 1988.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Y Birdsong
Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover YDunn Y Edwards
Y Ehrhart
Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
FRIDAY, JANUARY 13, 1989
103
Y Lawson YLee Y Under
YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley
Y Moody Y Moore Y Morton
Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele
Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle 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 Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 98 was ordered immediately transmitted to the Senate.
HB 90. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 91. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 92. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 16-9-60 of the Official Code of Georgia Annotated, relating to foreclosure fraud, so as to change an incorrect reference within the Code section.
104
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 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 93. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated.
The following amendments were read and adopted:
The Committee on Judiciary moves to amend HB 93 by striking from line 5 of page 25 the following:
"subpararaph",
and inserting in lieu thereof the following:
"subparagraph".
Representative Thomas of the 69th moves to amend HB 93 by striking from line 15 of page 30 the following:
"Reserved.",
and inserting in its place the following:
"Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows:
(1) By striking 'subsection (b) of Code Section 45-16-8' and inserting in its place 'Code Section 45-16-6' in subsection (a) of Code Section 45-16-66, relating to annual training requirements for certified coroners."
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 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 108. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Chapter 4 of Title 45 of the Official Code of Georgia Annotated, relating to official bonds, so as to provide that the bonds of the chief magistrates and magistrates shall be approved by the judge of the probate court and recorded and filed by him.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, JANUARY 13, 1989
105
On the passage of the Bill, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 10. By Representative Groover of the 99th:
A bill to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the courts of this state by judges and magistrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any 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 125, nays 2.
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 67. By Representatives Holmes of the 28th, McKinney of the 35th, McKinney of the 40th, Benn of the 38th and Sinkfield of the 37th:
A resolution commending Dr. Thomas W. Cole, Jr., President of Clark Atlanta University, and inviting him to appear before the House of Representatives.
The following communication from the Honorable Max Cleland, Secretary of State, 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 persons numbered 1 through 565, who have registered in the Docket of Legislative Appearance as of January 13, 1989, 3:00 p.m. in accordance with Georgia Law 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 13th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-nine and of the Independence of the United States of America the Two Hundred and Thirteenth.
(SEAL)
/s/ Max Cleland Secretary of State
DOCKET OF LEGISLATIVE APPEARANCE In Order of Registration
Abdul Haadee Muhammad Southern States Sign Council The Ficor Group, LTD. P.O. Box 42802
Atlanta, Georgia 30311
A. Ann Deaton Georgia Pharmaceutical
Association (Student Group) 215 Piedmont Ave. #1203 Atlanta, Georgia 30308
106
JOURNAL OF THE HOUSE,
3. Wm. Rick Davis GA. Federation of Appraisers National Federation of Appraisers National Federation of Real Estate Professionals GA. Federation of Real Estate Professionals Suite 206, 45 South Ave. Marietta, Georgia 30060
4. James C. Clinkscales Georgia Federation of Appraisers National Federation of Appraisers National Federation of Real Estate Professionals Georgia Federation of Real Estate Professionals Suite 206 145 S. Ave. Marietta, Georgia 30060
5. Linda D. Burkett Family Concerns Inc. 1931 Dellwood Dr. N.W. Atlanta, Georgia 30309
6. Alien Swarthout Child Safe International Cobra, Convict, Coordinating Committee P.O. Box 144 Bardstown, KY 40004
7. J. M. Patterson Patterson Engineering, Inc. Suite 240, 1400 Montreal Road Tucker, Georgia 30084
8. Rhonda Poston Southern States Landfill, Inc. 4696 Oakdale Rd. Smyrna, Georgia 30080
9. Eric W. Cash Southern States Recycling 4696 Oakdale Rd. Smyrna, Georgia 30080
10. Norma Lucas Dignity Inc. 6640 Wealthy Court Riverdale, Georgia 30274
11. Wylene R. Stamps Dignity Inc. 1117 Helmer Rd. Riverdale, Georgia 30296
12. Harold Lewis Black Men's Health Network Citizen 80 James P. Brawley Dr. #259 Atlanta, Georgia 30316
13. Bert Fridlin National Federation of Independent Business/Georgia 1447 Peachtree Street, N.E. Suite 804 Atlanta, Georgia 30309
14. Darrion Pam Monroe Law Offices, Darrion Pam Monroe 180 Roswell Street, Suite B Marietta, Georgia 30060
15. Ed Ray 8th District Council GA State Parent Teachers Association South Fulton Council GA State Parent Teachers Association Paul D. West Middle School Tri-Cities High School 3277 North Whitney Avenue Hapeville, Georgia 30354
16. Martha Eaves AARP OWL 988 Milstead Ave Conyers, Georgia 30207
17. Ed Baker Atlanta Advertising Club Advertising Ethics Committee Atlanta Business Chronicle 1801 Peachtree Street Atlanta, Georgia 30309
18. William R. Simson Georgia AIDS Education Group Legal (Legislate Equality for Gays and Lesbians) Citizen 1474 Brooklyn Avenue NW Atlanta, Georgia 30309
19. Tadeusz A. Gardocki Georgia AIDS Education Group Legal (Legislate Equality for Gays and Lesbians) 2760 Millwood Court Decatur, Georgia 30033
20. Dick (Richard) Rhodes Georgia AIDS Education Group Legal (Legislate Equality for Gays and Lesbians) Citizen 1298 Keys Lake Drive Atlanta, Georgia 30319
FRIDAY, JANUARY 13, 1989
107
21. Timothy J. Forshay Georgia AIDS Education Group Legal (Legislate Equality for Gays and Lesbians) Citizen 754 Juniper Street, NE, Unit 10 Atlanta, Georgia 30308
22. Pat Swan Continuum Georgia Federation Woman's Club 583 Villa Drive Lilburn, Georgia 30247
23. Gil Muratori Hoechst-Celanese Corp. 12203 S.W. 107 Court Miami, FL 33176
24. Trey Paris The Coca-Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301
25. Lana M. Chase Georgia Nurses Association GSU School of Nursing Atlanta, Georgia 30303
26. Kyle Warner Shadix Citizens for a Better Educated Georgia (CBEG) P.O. Box 355 Bremen, Georgia 30110
27. Ruthie A. Gregorsky Citizens for a Better Educated Georgia 600 Wharton Circle S.W. Atlanta, Georgia 30135
28. Paul D. Bolster Georgia Hospital Association North X Northwest Office Park Atlanta, Georgia 30339
29. Maxine J. Hines Georgia Hospital Association North by Northwest Office Park Atlanta, Georgia 30339
30. Adele Cohen Atlanta Healthcare Alliance 1718 Peachtree Street, Suite 552 Atlanta, Georgia 30306
31. Dianne Rogers Transportation Communications Union 1436 Westboro Dr., S.W. Atlanta, Georgia 30310
32. Mike Darnell Georgia Cattlemen's Association Post Office Box 11307 Macon, Georgia 31212
33. VOID
34. Glenn B. Smith Georgia Cattlemen's Assn. Post Office Box 11037 Macon, Georgia 31212
35. Ted L. Hammock National Science Center Foundation Post Office Box 1648 127 7th Street Augusta, Georgia 30903
36. Mary C. Hickey National Organization For Women Georgia Hill Center Atlanta, Georgia 30309
37. Stephen Kip Burt Citizen 4367 Oak Creek Sub Gainesville, Georgia 30501
38. Wayne W. Oliver Georgia Pharmaceutical Association Post Office Box 95527 Atlanta, Georgia 30347
39. Eva Galambos Committee for Sandy Springs 5070 Trimble Road Atlanta, Georgia 30342
40. Jim Hammock Anheuser-Busch Omni Resource Group, Inc. 2625 Cumberland Parkway Suite 280 Atlanta, Georgia 30339
41. Sam E. West American Centennial Ins. Wesco Insurance Co. Westby Management Corp. Seed Lake Lakemont, Georgia 30552
42. Cliff C."Bucky" Kimsey III Bank South, N.A. 55 Marietta Street Atlanta, Georgia 30303
108
JOURNAL OF THE HOUSE,
43. Keith Hatcher Georgia Association of Realtors Inc. 3200 Presidential Drive Atlanta, Georgia 30340
44. Emily Ellis Georgia Nurses Association 1362 West Peachtree St., N.W. Atlanta, Georgia 30309
45. Arthur D. Krotz Georgia Nurses Association American Association of Critical Care Nurses 3 Finch Trail, N.E. Atlanta, Georgia 30308
46. Portia G. Welcher, RN Georgia Nurses Association CHI ETA PHI Nursing Veterans Admin. Medical Cen. Nursing Service-Uptown Augusta, Georgia 30910
47. Bettye L. Stokes, RN Georgia Nurses Association CHI ETA PHI Nursing 404 Espinosa Street Augusta, Georgia 30901
48. Robert C. Boone Chevron U.S.A. Inc. Post Office Box 1706 Atlanta, Georgia 30301
49. Milton Chaikin Georgia Alliance for the Mentally 111 1390 Declair Drive Atlanta, Georgia 30329
50. Betsey Weltner Farley, Inc. Cohn & Wolfe 225 Peachtree Street Atlanta, Georgia 30303
51. Norman Wolfe Cohn & Wolfe Farley, Inc. 225 Peachtree Street Atlanta, Georgia 30303
52. William S. Cannon, V American Contract Compliance Association 956 Washington Place Atlanta, Georgia 30314
53. Thomasene Blount Roberts Morris Brown College 643 Martin Luther King Jr. Dr. SW Morris Brown College Atlanta, Georgia 30331
54. Donna Velara Hurt Citizen 4265 Glenda Drive College Park, Georgia 30337
55. Perry Price Citizen Law Offices of D. Pam Monroe 180 Roswell Street, Suite B Marietta, Georgia 30060
56. Eric G. Kocher Georgia Assoc. of Criminal Defense Lawyers Georgia Indigent Defense Council Citizen 1801 Peachtree Street Suite 250 Atlanta, Georgia 30309
57. Steve Whiten Schering-Plough, Inc. 1350 Earle Court Conyers, Georgia 30208
58. Leonary Lawson Mothers Against Drunk Drivers (MADD) 2237 Peachtree Street Atlanta, Georgia 30306
59. Harvey Benjamin Yellin Georgians for Victim Justice Post Office Box 985 Valdosta, Georgia 31603
60. John H. Thomas Georgia Innerconnect Assn. Allentest Products Fraternal Order of Police Georgia Burglar and Fire Alarm Assn., Inc. Georgia Public Safety Coalition Building 2400 3000 Langford Road Norcross, Georgia 30071
61. VOID
62. Mark A. Fackler Georgia Credit Union Affilates 1404 8th Avenue Albany, Georgia 31707
FRIDAY, JANUARY 13, 1989
109
63. Dr. Jimmie C. Jackson Savannah State College National Alumni Association 7135 8th Street, N.W. Washington, DC 20012
64. Jack Wolcott Collins Christian Science Committee on Publication for Ga. 534 Medlock Road, Room 108 Decatur, Georgia 30030
65. David Lee Prather Communication Workers of Am. Georgia Political Council 279 Logan Street, S.E. Atlanta, Georgia 30312
66. VOID
67. Raymond C. Smith Teamsters-Local 728 2540 Lakewood Avenue Atlanta, Georgia 30315
68. Jerry B. King Teamsters-Local 728 2540 Lakewood Avenue Atlanta, Georgia 30315
69. Daniel L. Drummond Teamsters-Local 728 2540 Lakewood Avenue Atlanta, Georgia 30315
70. Charles Musselwhite Georgia Association of Educational Leaders P.O. Box 909 Dahlonega, Georgia 30533
71. John S. Yates Georgia Association of Educational Leaders Post Office Box 909 Dahlonega, Georgia 30533
72. Skip Yow Georgia School Boards Association (GSBA) 1240 Atkinson Road Lawrenceville, Georgia 30243
73. Gary Ashley Georgia School Boards Association (GSBA) 1240 Atkinson Road Lawrenceville, Georgia 30243
74. Bill McBrayer Georgia Retail Association Georgia Chain Drug Council Opticians Association of Georgia 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303
75. James W. McAllister City School Systems of Georgia Professional Association of Georgia Educators 303 Waverly Way Lagrange, Georgia 30241
76. Gilbert G. Dulaney Georgia County Welfare Assn. 800 Peachtree Street Room 527 Atlanta, Georgia 30308
77. Barbara Joan Moseley Citizen Post Office Box 675439 Marietta, Georgia 30067
78. Robert D. Jewitt Family Concerns Citizen Post Office Box 675439 Marietta, Georgia 30067
79. Angela Henderson Family Concerns Citizen Post Office Box 675439 Marietta, Georgia 30067
80. Jeanne C. Butler Family Concerns Citizen Post Office Box 672 Tucker, Georgia 30084
81. Melanie S. Howard Family Concerns, Inc. 3468 Runelle Place Lilburn, Georgia 30247
82. Marie M. Alderson Family Concerns, Inc. Citizen Route 10, Box 279 Gaddis Road Canton, Georgia 30114
83. Tracey S. Ehrlich Family Concerns, Inc. Citizen 2924 Country Squire Lane Decatur, Georgia 30033
110
JOURNAL OF THE HOUSE,
84. Jim Glanton Family Concerns, Inc. Citizen 8374 Creekridge Circle Riverdale, Georgia 30296
85. Judith Rhea Cox Family Concerns Georgia Insight Georgia Forum Georgia Right to Life Post Office Box 550168 Atlanta, Georgia 30355
86. Norma Derossett Family Concerns, Inc. 5495 Arundel Drive, N.W. Atlanta, Georgia 30327
87. Susan G. Medlock Family Concerns, Inc. 2132-A Virginia Place, N.E. Atlanta, Georgia 30305
88. Karen Opp Labarr Family Concerns, Inc. 2131 Strasburg Court Dunwoody, Georgia 30338
89. VOID
90. Sue Ella Deadwyler Georgia Insight 4168 Rue Antoinette Stone Mountain, Georgia 30083
91. Nancy Schaefer Family Concerns, Inc. Post Office Box 550168 Atlanta, Georgia 30355
92. Zena S. Mitchell Family Concerns, Inc. 346 Meadowood Manor Decatur, Georgia 30038
93. Angelina R. Luke Apartment Owners & Managers Association 3155 Presidential Drive Atlanta, Georgia 30340
94. Brian T. Evans Appleton Family Ministries Middle Georgia Council For Children & Youth Georgia Residential Child Care Association Post Office Box 210 Juliette, Georgia 31046
95. Savannah Potter Miller Georgia Federation of Democratic Women 384 Peachtree St. N.E. Suite 804 Atlanta, Georgia 30308
96. William Alexander City of Atlanta City of Savannah 1195 Lenox Circle, N.E. Atlanta, Georgia 30306
97. Richard Cobb Petroleum Council of Georgia 230 Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30303
98. John Poole Business Council of Ga. Georgia Liability Crisis Coalition 233 Peachtree St., Suite 200 Atlanta, Georgia 30303-2705
99. Lee Richardson American Bikers Active Towards Education of Georgia, Inc. P.O. Box 2356 Smyrna, Georgia 30081
100. Virginia G. Ward Teamsters Local 728 Teamsters Local 928 2540 Lakewood Ave., S.W. Atlanta, Georgia 30315
101. R. Mark Holloway Greater Macon Chamber of Commerce 305 Coliseum Drive Macon, Georgia 31298
102. Stephen P. Georgeson The Georgia Conservancy Sears, Roebuck and Company 675 Ponce De Leon Ave. N.E., 95 Annex Atlanta, Georgia 30395
103. C.D. (Duke) Ellington Apartment Owners & Managers Association, Inc. 2590 Orchard Knob Dr. Atlanta, Georgia 30339
FRIDAY, JANUARY 13, 1989
111
104. Jim Tudor Georgia Association of Convenience Stores 4128 Hawkeye Way Stone Mountain, GA 30083-3104
105. VOID
106. C. Robert Smith Georgia Association of Assessing Officials 6754 Broad Street Douglasville, Georgia 30134
107. VOID
108. Richard A. Guthman, Jr. 1st American Bank of Georgia 34 Peachtree Street, N.W. Atlanta, Georgia 30303
109. Steven L. Levetan Georgia Association of Scrap Processors Institute of Scrap Recycling Industries, Southeast Chapter Southeast Recycling Elco Enterprises 3340 Peachtree Street Suite 1700 Atlanta, Georgia 30306
110. Luke R. Lassiter National Association of Independent Insurers 106 Pine Crest Drive Gumming, Georgia 30130
111. Earnest Davis, Jr. Atlanta Legal Aid Society, Inc. Georgia Legal Services Programs, Inc. 151 Spring Street, N.W. Atlanta, Georgia 30335
112. Jim H. Groome China Clay Producers Association Mead Corporation Inland Container Corp. 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30339
113. Andrew G. Martinez Nationwide Insurance Companies 1311 Executive Center Drive Tallahassee, FL 32301
114. Ervin W. Goodroe Building Material Merchants Assn. Post Office Box 160 Austell, Georgia 30001
115. F. Thomas Longerbeam Motor Vehicle Manufacturers Association of the United States, Inc. Five Dunwoody Park Suite 113 Atlanta, Georgia 30338
116. Lee R. Lemke Georgia Mining Association China Clay Producers Association 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30339
117. John D. Folds, Jr. State Farm Insurance Co. 1585 Phoenix Blvd. Suite 5 Atlanta, Georgia 30349
118. Robert R. Potter State Farm Insurance Companies Post Office Box 54247 771 Spring St., N.W. Atlanta, Georgia 30308
119. Percy Marchman Georgia Association Property & Casualty Insurance Companies 2799 Lawrenceville Highway Suite 200 Decatur, Georgia 30033
120. Raymond G. Farmer American Insurance Association 950 East Paces Ferry Road Suite 2240 Atlanta, Georgia 30326
121. Karen S. Gillespie Squibb Corp. Post Office Box 16503 Atlanta, Georgia 30321
122. Judith A. Janus Georgia Association of Home Health Agencies, Inc. 6666 Powers Ferry Road Suite 260 Atlanta, Georgia 30339
112
JOURNAL OF THE HOUSE,
123. Hannah M. Branton Georgia Housing Coalition 250 Georgia Ave., S.E. Room 363 Atlanta, Georgia 30312
124. Herman L. Moore Georgia Pacific Corporation P.O. Box 105605 Atlanta, Georgia 30348
125. B. Keith Melton Atlanta Economic Development Corporation (AEDC) 230 Peachtree Street, N.W. Suite 1810 Atlanta, Georgia 30303
126. Patrick D. McWhorter National Association of Independent Insurers 100 Galleria Parkway Suite 400 Atlanta, Georgia 30339
127. VOID
128. VOID
129. Freda R. Turner Citizen Henry County Farm Bureau 559 Jerry Steele Lane McDonough, Georgia 30253
130. Kathleen B. Moss Henry County Farm Bureau Citizen 641 Brannan Road McDonough, Georgia 30253
131. Alien E. Owen West Point Pepperrell, Inc. P.O. Box 71 West Point, Georgia 31833
132. Richard "Scrap" Wheeler Fulton County Board of Education 275 Winona Drive Fayetteville, Georgia 30314
133. Mary Frances Williams Georgia Assn. of Licensed Adoption Agencies Families First 1105 West Peachtree St. Atlanta, Georgia 30309
134. Charles H. Hamblen Georgia Silver Haired Legislature 2564 Lake Flair Circle Atlanta, Georgia 30345
135. John F. Chambless Associated General Contractors of Am., Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313
136. Gary P. Fowler Associated General Contractors of Am., Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313
137. Richard J. Burrell Household International 981 Guys Court Lilburn, Georgia 30247
138. Betty Groepper League of Women Voters 811 Oakdale Road, N.E. Atlanta, Georgia 30307
139. Kathy B. Ashe League of Women Voters 82 Westminister Drive, N.E. Atlanta, Georgia 30309
140. Ray P. Williams Georgia Society of Ophthalmology Medical Assn. of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309
141. Joe D. Douglas, Jr. Hopewell/North Alpharetta Civic Association Sanity, Inc. 13175 Hopewell Road Alpharetta, Georgia 30301
142. Jesse M. Phillips Sanity, Inc. 360 Pony Tail Road Alpharetta, Georgia 30201
143. VOID
144. Carolyn D. Pace Sanity, Inc. Hopewell/North Alpharetta Civic Association 2320 Saddlesprings Drive Alpharetta, Georgia 30201
FRIDAY, JANUARY 13, 1989
113
145. Jack W. Houston Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road, Suite D Stone Mountain, Georgia 30083
146. Neal B. Caldwell Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road Suite D Stone Mountain, Georgia 30083
147. Richard L. Marshall, Sr. Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road Suite D Stone Mountain, Georgia 30083
148. Thomas J. Raynor, Sr. Georgia Bail Bond Assn. 2745 Church Street East Point, Georgia 30344
149. Shelley Rose Georgia Citizens for the Arts 1404 Spring Street Atlanta, Georgia 30309
150. Mary Louise Stark Georgia Citizens for the Arts P.O. Box 8 Lawrenceville, Georgia 30246
151. Cecil S. Nash American Association of Retired Persons (AARP) 2149 New London Place Snellville, Georgia 30278
152. Alton P. Draughon Charles Bartenfeld Co. Waste Systems, Inc. Chadwick Road Landfill, Inc. 10905 Houze Road Roswell, Georgia 30075
153. Mike Stephen Raynor Southern Bell 125 Perimeter Center West Suite 346 Atlanta, Georgia 30346
154. Susan Saleska Georgia Coalition Persons with Developmental Disabilities Natl. Head Injury Foundation Georgia Association Ga. Safety Belt Coalition P.O. Box 95217 Atlanta, Georgia 30347
155. W. David Lane Georgia Residential Child Care Association 584 Horse Ferry Road Lawrenceville, Georgia 30245
156. Donna E. Lane Gwinnett County Children's Shelter Georgia Residential Child Care Association P.O. Box 1331 Lawrenceville, Georgia 30246
157. Sandra C. Mershon Citizen 952 Edgewood Avenue, N.E. Atlanta, Georgia 30307
158. Jim Martin Georgia Society of CPA'S, Inc. 3340 Peachtree Road, N.E. Suite 2750 Atlanta, Georgia 30326
159. Fran Hesser Petroleum Council of Ga. 230 Peachtree Street Suite 1500 Atlanta, Georgia 30303
160. Sharon Adams Prime Cable Citizen Georgia Cable Association Waste Management, Inc. Rankin Smith, Sr. A. L. Williams Corp. 1009 Oglethorpe Avenue Atlanta, Georgia 30310
161. Pamela W. Glanton Citizen Family Concerns, Inc. 8374 Creekridge Circle Riverdale, Georgia 30296
162. Michael R. MacKenzie Parole Consultant Services of Georgia 974 Klondike Court Suite 102 Conyers, Georgia 30207
114
JOURNAL OF THE HOUSE,
163. Joseph R. Parrott, Jr. ITT Rayonier 750 Hammond Dr. Bldg. #9 Atlanta, Georgia 30328
164. Alfred Lamar McDonald Sandy's 1736 Laurelwood Drive Atlanta, Georgia 30311
165. Sandra S. McDonald Sandy's 1736 Laurelwood Drive Atlanta, Georgia 30311
166. Julianne Givens Goecke Hansell & Post Suite 500 56 Perimeter Center East Atlanta, Georgia 30346-2283
167. Tom Keating Atlanta Public Schools 210 Pryor Street, S.W. Atlanta, Georgia 30335
168. Gould B. Hagler, Jr. Independent Insurance Agents of Georgia P.O. Box 48386 Atlanta, Georgia 30362
169. Dick Dorsey American Insurance Assn. 950 East Paces Ferry Rd. Suite 2240 Atlanta, Georgia 30326
170. Heywood Gay Professional Insurance Agents of Georgia American Therapy Assn. Citizen 3111 Shadow Walk Lane Tucker, Georgia 30084
171. Brooks Payne Rode Atlanta Junior League 5 Collier Road, N.W., #7 Atlanta, Georgia 30309
172. Michael M. Kumpf BP America, Inc. 9040 Roswell Road Suite 500 Atlanta, Georgia 30350
173. Charles McGrady Sierra Club, Georgia Chapter Georgia Conservancy 2646 Hawthorne Place Atlanta, Georgia 30345
174. Brian Kaplan Serra Club, Georgia Chapter 1900 The Exchange, N.W. Suite 415 Atlanta, Georgia 30339
175. Lawrence M. Hample Sierra Club, Georgia Chapter 4735 Roswell Road, #27B Atlanta, Georgia 30342
176. William D. Harrell Sierra Club, Georgia Chapter 6720 Powers Ferry Road Suite 100 Atlanta, Georgia 30339
177. Ronald Scheiblauer Southern Bicycle League 4715 Frederick Drive, S.W. Atlanta, Georgia 30336
178. Ray Muse Atlanta Labor Council Communication Workers of America (CWA) Georgia Parent Teacher Association 7786 Hwy 85 Riverdale, Georgia 30274
179. Alien L. Henderson Physical Theraphy Association of Georgia 120 Barrington Hills Dr. Dunwoody, Georgia 30350
180. Marie S. Steinmeyer Georgia Women's Coalition for Medical Freedom, Inc. American Association of Retired Persons (AARP) Council on Aging Informed Health Care Association of Georgia, Inc. Older Women's League Georgia Association Medical Victims, Inc. 3985 Lynfield Court College Park, Georgia 30349
FRIDAY, JANUARY 13, 1989
115
181. Don Cargill Atlanta Gas Light Co. Ginn, Edington, Moore & Wade Georgia Business Coalition Chemical Waste Management Augusta Aviation Allied-Signal, Inc. A.L.E.S.A. (American League for Export & Security Assistance) American Polygraph Assn. Astroline Communications Co. Cane Sugar Refiners Assn. Chrysler Aerospace Corp. Coastal Utilities, Inc. E.H. Industries, Ltd. Equifax, Inc. Hercules Inc. Lockheed Corporation Mechanical Technology, Inc. Oglethorpe Power Corp. Philip Morris U.S.A. The Regan Group Retirement Services of America Rockwell International Corp. Savannah Foods & Industries Shell Oil Company Texas Air/Eastern Air Lines Turner Broadcasting Systems, Inc. Waste Management, Inc. Watkins Associated Industries, Inc. Watkins Motor Lines 1199 South CNN Center Atlanta, Georgia 30303-2705
182. Terry D. Lawler MCI Telecommunications 400 Perimeter Ctr. Terraces Atlanta, Georgia 30346
183. Linda M. Blair Citizen American Disabled for Accessible Public Transportation (ADAPT) Let's Get Together, Inc. Post Office Box 15168 Atlanta, Georgia 30333
184. Joel E. Harrell Norfolk Southern Corp. 185 Spring Street Atlanta, Georgia 30303
185. Kenda L. Bartlett Citizen 565 Circle Drive Fayetteville, Georgia 30214
186. Mary N. Boyert Georgia Right to Life Committee, Inc. Citizen P.O. Box 81474 Atlanta, Georgia 30092
187. Luke Livingston NOT KNOWN 3307 Leeds Way Duluth, Georgia 30136
188. Dale E. Brown International Association for Financial Planning Two Concourse Parkway, Suite 800 Atlanta, Georgia 30328
189. VOID
190. Kay H. Pippin Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
191. Dr. J.C. Mullis Georgia Retired Teachers Association, Inc. 824 South Milledge Avenue Athens, Georgia 30605
192. Julius M. Lennard, Jr. Grand Jurors Association of Fulton County 111 Huntington Road, N.E. Atlanta, Georgia 30309
193. Robert K. Yass The Travelers Companies One Tower Square, 6-SHS Hartford, CT 06183-1060
194. Julian B. Rosenthal American Association of Retired Persons (AARP) 8 Kings Walk, N.E. Atlanta, Georgia 30307
195. Frances D. Todd Dodgen Middle School PTA Eastside Elementary School PTA 3639 Meadow Chase Drive Marietta, Georgia 30062
116
JOURNAL OF THE HOUSE,
196. Harold Bevis Air Transport Association of America Delta Airlines Inc. Hartsfield Atlanta Int'l. Airport Atlanta, Georgia 30320
197. Delores Gallego Air Transport Assn. Atlanta, Georgia 30320
198. Robert L. Lowe, Jr. The Hundred Club of Georgia, Inc. Georgia Association of Professional Bondsmen 1134 Morningside Place, N.E. Atlanta, Georgia 30306
199. Craig Weatherly Informed Health Care of Georgia, Inc. Acupuncture Association of Georgia Georgia Womens Coalition for Medical Freedom, Inc. Georgia Chiropractic Assn. 411 W. Ponce De Leon Ave. Decatur, Georgia 30030
200. Frances B. Parham League of Women Voters of Georgia 100 Edgewood Avenue, #1010 Atlanta, Georgia 30303
201. W.M. Stapleton, Jr. United Transportation Union P.O. Box 146 Milan, Georgia 31060
202. Ron Byrd Rorer Pharmaceuticals, Inc. Route 9, Box 239A Ringgold, Georgia 30736
203. Aubrey T. Villines, Jr. Georgia Chiropractic Association, Inc. Chiropractic Political Action Committee Georgia Trial Lawyers Association, Inc. Law Political Action Committee Georgia Assn for Marriage and Family Therapy Georgia Chapter of National Assn of Social Workers Georgia Personnel and Guidance Assn Private Rehabilitation Suppliers of Georgia Georgia Vocational Evaluation and Work Adjustment Assn Georgia Assn of the Deaf Georgia Registry of Interpreters for the Deaf One CNN Center Suite 520-South Tower Atlanta, Georgia 30303-2705
204. VOID
205. Mary H. Hines Georgia State University Law Review GSU Law Review University Plaza Atlanta, Georgia 30303
206. VOID
207. Peter L. Banks Miller Brewing Company Amarada Hess Corporation ARA Services, Inc. Mortgage Bankers Association of Georgia Georgia Association of HMOS Georgia Society of Professional Engineers Georgia NR 60 975 Johnson Ferry Road Suite 450 Atlanta, Georgia 30342
208. Andy Owen American Insurance Association American Council of Life Insurers 1900 Peachtree Center Tower 230 Peachtree Street Atlanta, Georgia 30303
FRIDAY, JANUARY 13, 1989
117
209. Cathey W. Steinberg Clients of the Senior Citizen Advisory Project Georgia Dental Hygienists Association 1732 Dunwoody PI. N.E. Atlanta, Georgia 30324
210. Bonita P. Murdock Georgia Dental Hygientists Association Route 2, Box 788 Forsyth, Georgia 31029
211. Sara Dunharn Georgia Dental Hygientists Association 885 Landmark Drive Atlanta, Georgia 30342
212. Georgia B. Murphy Georgia Chiropractic Association, Inc. 601 Bridge Lane Smyrna, Georgia 30082
213. T.R. Wade Lockheed Corporation Augusta Aviation Allied-Signal, Inc. A.L.E.S.A. (American League for Export & Security Assistance) American Polygraph Association Astroline Communications Company Atlanta Gas Light Company Cane Sugar Refiners Association Chemical Waste Management Chrysler Aerospace Corporation Coastal Utilities Incorporated E.H. Industries, LTD. Equifax, Inc. The Farm Credit Council Georgia Business Coalition Hercules, Inc. Lockheed Aeronautical Systems Company Mechanical Technology, Inc. Oglethorpe Power Corporation Philip Morris U.S.A. The Regan Group
Retirement Services of America
Rockwell International Corporation
Savannah Foods & Ind.
Shell Oil Company Texas Air/Eastern Air Lines
Texas Instruments, Inc. Turner Broadcasting
Systems, Inc. Waste Management, Inc.
Watkins Associated Industries, Inc.
Watkins Motor Lines 1199 S. Tower CNN Center
Atlanta, Georgia 30328
214. Virgil T. Smith American Association of Retired Persons (AARP) Virgil T. Smith Associates Ford Motor Company Post Office Box 1471 Dalton, Georgia 30722-1471
118
JOURNAL OF THE HOUSE,
215. Andrew D. Downs Business Council of Georgia Georgia Self Insurers Association Georgia Society of Association Executives 233 Peachtreet St. Suite 200 Atlanta, Georgia 30303
216. David Swann Citizen P.O. Box 7313 Atlanta, Georgia 30357
217. Martha S. Phillips Georgia Dental Association 2951 Flowers Road, South Suite 112 Atlanta, Georgia 30341
218. James R. Bird American Association of Retired Persons (AARP) 644 Elam Forest Court Stone Mountain, Ga. 30083
219. Wales F. Barksdale A. R. Barksdale, Inc. Snapping Shoals Electric Membership Corporation City of Conyers Con Roc Inc. Flynt Lumber Company 981 Milstead Avenue Conyers, Georgia 30207
220. Marybeth Robertson Atkins Georgia Electric Membership Corporation 155 Ellis Street, Suite #422 Atlanta, Georgia 30303
221. Pat Gardner Georgia Psychological Association 1170 Fourteenth Place Atlanta, Georgia 30309
222. Vita R. Ostrander American Association of Retired Persons (AARP) Georgia Council on Aging 1839 Mt. Royal Dr. N.E. Atlanta, Georgia 30329
223. Elise P. Brown Georgia Association for Primary Health Care 878 Peachtree Street, N.E. Suite 101 Atlanta, Georgia 30309
224. Mickey L. Goodson Georgia Association for Primary Health Care 878 Peachtree Street, N.E. Suite 101 Atlanta, Georgia 30309
225. Imo K Todd Professional Insurance Agents of Georgia 1165 Northchase Parkway Suite 140 Marietta, Georgia 30067
226. Doug Smith Professional Insurance Agents of Georgia 590C Thornton Road Lithia Springs, Georgia 30057
227. James P. Kulstad Common Cause-Georgia 158 Flora Avenue Atlanta, Georgia 30307
228. Francis J. Mulcahy Life Insurance Company of Georgia 5780 Powers Ferry Road Atlanta, Georgia 30327-4390
229. VOID
230. Demetrius Mazacoufa Georgia Association of Rehabilitation Nurses Georgia Association of Nurse Anesthetists Georgia Nurses Association Georgia Dietetic Association Georgia Speech-Language Hearing Association 1401 Peachtree Street Suite 238 Atlanta, Georgia 30309
231. Peggy Lehmberg Georgia Citizens for the Arts 2610 Churchwell Lane Tucker, Georgia 30084
232. Lyn Hunt Georgia Citizens for the Arts P.O. Box 633 Madison, Georgia 30650
FRIDAY, JANUARY 13, 1989
119
233. Peggy Hatcher Georgia Citizens for the Arts 174 The Prado, N.E. Atlanta, Georgia 30309
234. Julia Ferguson Sawyer Georgia Citizens for the Arts 33 Walker Terrace Atlanta, Georgia 30309
235. Shirley T. Church Georgia Citizens for the Arts Churchhill Farm 671 Walton Road Newnan, Georgia 30263
236. Thomas A. Bauer Georgia Association of Physician Assistants Council for Children, Inc. Georgia Chapter-Society of Clinical & Medical Electrologists Fulton County United Way of Metropolitan Atlanta 100 Edgewood Ave,, N.E., #1008 Atlanta, Georgia 30303
237. Albert "Mickey" Ward Georgia Association of Physician Assistants 23 Kensington Road Avondale Estates, GA 30002
238. John M. Crane Cobb Municipal Association 188 Anderson Street Suite 200 Marietta, Georgia 30060
239. Bob L. Izlar Georgia Forestry Association, Inc. Suite 1020 40 Marietta Street, N.W. Atlanta, Georgia 30303-2806
240. David Turner Georgia Forestry Association, Inc. 3412 Breton Court, N.E. Atlanta, Georgia 30319
241. Harry D. Hollingsworth, Jr. Grady Hospital 1201 West Peachtree St. IBM Tower, Suite 4800 Atlanta.Georgia 30309
242. Lithangia S. Robinson Georgia Retired Teachers Association American Association of Retired Persons (AARP) 2880 Valley Heart Drive, N.W. Atlanta, Georgia 30318
243. Gayle Hughes Georgia Eagle Forum 4654 Roby Road Stone Mountain, Georgia 30083
244. James D. King, Jr. Metropolitan Atlanta Rapid Transit Authority 2424 Piedmont Avenue Atlanta, Georgia 30324
245. Billy J. Baron ABC Home Health Services, Inc. 5901-C-Suite 345 Atlanta, Georgia 30328
246. Alton H. Hopkins Crown Central Petroleum Corp. 3400 Peachtree Road, N.W. Suite 1607 Atlanta, Georgia 30326
247. Ann S. Ritter American Marketing Association-Atlanta Chapter 1214 Laurel Hill Drive Decatur, Georgia 30033
248. Leroy B. Anderson Hensley-Schmidt, Inc. 3525 Mall Blvd., Suite 5EE Duluth, Georgia 30136
249. John A. Helms Life Insurance Company of Georgia P.O. Box 105006 Atlanta, Georgia 30348
250. Davetta C. Johnson Fulton County Board of Commissioners Georgia Chiropractors Association 2818 Zane Gray Drive Atlanta, Georgia 30316
120
JOURNAL OF THE HOUSE,
251. Cheatham E. Hodges, Jr. Georgia Catholic Conference Association of Private Colleges & Universities in Georgia The Hodges Corporation, and its Clients Suite 2129 First Atlanta Tower Atlanta, Georgia 30383-3142
252. W. Fred Blackmon Eli Lilly & Company P.O. Box 4628 Norcross, Georgia 30091
253. William G. Appel Georgia Independent Automobile Dealers Assn. 2175 Northlake Parkway Suite 128 Tucker, Georgia 30084
254. W. A. (Bill) Hathaway Georgia Federal/Military Retiree Coalition Georgia Federation of Chapters, Natl. Assn. of Retired Fed. Emp. 1067 McConnell Drive Decatur, Georgia 30033
255. John Callaway Federal Military Retiree Coalition 1727 Toleson Court Dunwoody, Georgia 30338
256. Robert D. Sumner Wimberly, Lawson, & Cobb Suite 1750, Lenox Towers 3400 Peachtree Road, N.E. Atlanta, Georgia 30326
257. Barbara B. Taylor Georgia Nurse's Association 270 Dublin Court Mableton, Georgia 30059
258. Martha Ford Georgia Nurse's Association 114 Glenn Street Decatur, Georgia 30030
259. Deborah Bregman Georgia Nurse's Association 4709 Cedar Park Way Stone Mountain, Georgia 30083
260. Charles H. Hogan, Jr. Georgia Association of Assessing Officials 165 Central Avenue Room 104 Atlanta, Georgia 30335
261. Anne M. Summer Georgia Rural Health Association 232 12th St., N.E., #1 Atlanta, Georgia 30309
262. Tammy S. Webb Georgia Association of Physician Assistants P.O. Box 2047 Decatur, Georgia 30031
263. Jet Toney Georgia Trial Lawyers Association 41 Marietta Street, Suite 714 Atlanta, Georgia 30303
264. John W. Cox Georgia Association of Realtors Inc. 3200 Presidential Drive Atlanta, Georgia 30340
265. John R. Keys Building Industry Association of Georgia 1007 Virginia Avenue, Suite 305 Atlanta, Georgia 30354
266. Robert A. Cucchi 245 Peachtree Center Ave. Suite 2204 Atlanta, Georgia 30303
267. Peggy Parham Georgia Association of Educators (GAE) 3951 Snapfinger Parkway Decatur, Georgia 30035
268. Donald E. Tefft First Insurance Network, Inc. Peachtree Casualty Insurance 165 Brickleberry Drive Roswell, Georgia 30075
269. E. Douglas Henson Georgia Dental Assn. 400 Cleveland Avenue Atlanta, Georgia 30315
FRIDAY, JANUARY 13, 1989
121
270. Alethea K. Garnett Georgia Pacific Corporation P. O. Box 105605 Atlanta, Georgia 30348
271. William J. Shortt Johnson & Johnson P. O. Box 2537 Gainesville, Georgia 30503
272. Ruth F. Claiborne Georgia Council on Child Abuse Planned Parenthood of The Atlanta Area, Inc. Georgia Association of School Psychologists School Social Workers Association of Georgia Girl Scout Councils of Georgia 120 Ralph McGill Blvd. Atlanta, Georgia 30308
273. Anne B. Graham Georgia Council on Child Abuse Planned Parenthood of Atlanta Area, Inc. Georgia Association of School Psychologists School Social Workers Association of Georgia Girl Scout Council of Georgia 982 Forrest Blvd. Decatur, Georgia 30030
274. Betty M. Layng Residential Services Coalition 1727 Johnson Road, N.E. Atlanta, Georgia 30306
275. Gary M. Holmes City of Atlanta 1270 South Tower One CNN Center Atlanta, Georgia 30335
276. Bernard R. Thomas City of Atlanta 1100 South Tower One CNN Center Atlanta, Georgia 30335
277. Belinda Callas American Massage Therapy Association 5757 High Meadow Drive Norcross, Georgia 30092
278. Judy Yates Junior League of DeKalb 1112 Springdale Road Atlanta, Georgia 30306
279. Elizabeth Marsh Martin Junior League of DeKalb Co. 1081 Virginia Avenue, N.E. Atlanta, Georgia 30306
280. Lasa Joiner Georgia Library Assn. Georgia Psychiatric Physicians Association Georgia College of Obstetrics & Gynecology Georgia Society for Respiratory 2711 Irvin Way Decatur, Georgia 30030
281. Ellen B. Goody Georgia Vocational Association, Inc. 35 Executive Park Dr., N.E. Suite 3506 Atlanta, Georgia 30329
282. Paul L. Howard, Jr. Fulton County Government 55 Marietta Street Suite 1600 Atlanta, Georgia 30303
283. James H. Purcell Alliance of American Insurers 501 Cain Tower Peachtree Cen. 229 Peachtree St., N.E. Atlanta, Georgia 30303-1601
284. Allison A. Wood Ginn, Edington, Moore & Wade 1199 South CNN Center Atlanta, Georgia 30303
285. Fred Greer, Jr. Citizens & Southern Corporation P. O. Box 4899 Atlanta, Georgia 30302-4899
286. R. Larry Brantley Georgia Power Company 333 Piedmont Avenue Atlanta, Georgia 30302
122
JOURNAL OF THE HOUSE,
287. Kenneth O. Parris HSN Redi-Med, Inc. Post Office Box 724902 Atlanta, Georgia 30339
288. G.L. (Roy) Bowen, III Georgia Textile Manufacturers Association, Inc. 50 Hurt Plaza, Suite 985 Atlanta, Georgia 30303
289. J. Wendell Brigance Georgia Health Care Association 3735 Memorial Drive Decatur, Georgia 30032
290. Nehl Horton, Dir. Legislative Affairs City of Atlanta 68 Mitchell Street, S.W. Atlanta, Georgia 30335
291. Trip Martin Mead Corporation Suite 2075 950 East Paces Ferry Road Atlanta, Georgia 30326
292. Luvenia Jackson Georgia Association of Educators (GAE) 3951 Snapfinger Parkway Decatur, Georgia 30035
293. Nevin Jones Georgia Association of Educators (GAE) 3951 Snapfinger Parkway Decatur, Georgia 30035
294. Andrew Henry Griffin, Jr. Georgia Association of Educators (GAE) 3951 Snapfinger Parkway Decatur, Georgia 30035
295. Douglas Cecil Alexander DCA Communications 1252 West Peachtree Street Suite 302 Atlanta, Georgia 30303
296. Vivian L. Tilley DCA Communications 1252 West Peachtree Street Suite 302 Atlanta, Georgia 30303
297. Fran Toliver Georgia Federation of Teachers AFL-CIO 5901-B P'tree Dunwoody Rd. Suite 475 Atlanta, Georgia 30328
298. Michele A. Shelton Georgia Federation of Teachers AFL-CIO 5901-B Peachtree Dunwoody Suite 475 Atlanta, Georgia 30328
299. Carl M. Toney Georgia Association of Physician Assistants P.O. Box 2047 Decatur, Georgia 30031
300. Gayle Sexton Georgia Health Care Association 3735 Memorial Drive Decatur, Georgia 30032
301. Terry McHan Citizen Pro-Family P. O. Box 704 Pine Lake, Georgia 30072
302. Diane C. Osborne Citizen Pro-Family P.O. Box 704 Pine Lake, Georgia 30072
303. Diann C. Wheeler Pro-Family P.O. Box 704 Pine Lake, Georgia 30072
304. Patricia M. Wertz Pro-Family P. 0. Box 704 Pine Lake, Georgia 30072
305. Elaine C. Boyer Pro-Family P.O. Box 704 Pine Lake, Georgia 30072
306. Linda O. Christianson Pro-Family 1382 Fama Drive, N.E. Atlanta, Georgia 30329
307. Wanda B. Hubbs Pro-Family P.O. Box 704 Pine Lake, Georgia 30072
FRIDAY, JANUARY 13, 1989
123
308. David M. Hynes Stop Parole of Violent Criminals (STOPAR) P.O. Box 52656 Atlanta, Georgia 30355
309. W. Scott Adair R. M. Cash & Sons, Inc. 4696 Oakdale Road Smyrna, Georgia 30080
310. Michael McCay Michael McCay and Associates P.O. Box 576 Cleveland, Georgia 30528
311. Joseph A. Sports JSA Inc. Joseph E. Seagram & Sons Inc The Nutrasweet Company Pearle Health Services Catrala of Georgia National Vehicle Leasing Assn. Georgia Rent to Own Dealers Smokeless Tobacco Council, Inc. AFF Chemical Division Inc. 21 Finch Trail Atlanta, Georgia 30308
312. Richard L. Greene Georgia Health Network Medical Association of Georgia Mag Mutual Insurance Co. 938 Peachtree Street, N.E. Atlanta, Georgia 30309
313. Irene Munn Georgia Sheriffs Assn. 4301 Memorial Drive Suite K Decatur, Georgia 30032
314. Joe H. McKenzie, Jr. Engelhard Corporation Post Office Box 37 Gordon, Georgia 31031
315. Thomas E. Salyers Georgia Textile Manufacturers Association 50 Hurt Plaza, Suite 985 Atlanta, Georgia 30306
316. G. Bland Byrne Citizen Big State Pawn and Bargain Centers, Inc. 771 Spring Street Atlanta, Georgia 30308
317. Berdie R. Harden Georgia Housing Coalition Inc. 250 Georgia Avenue, #363 Atlanta, Georgia 30312
318. Robert J. Middleton, Jr. Municipal Gas Authority of Georgia Municipal Electric Authority of Georgia c/o Hurt, Richardson, et al. 999 Peachtree St., N.E. Atlanta, Georgia 30309
319. Patti L. Chandler Georgia Pharmaceutical Association 20 Lenox Pointe Atlanta, Georgia 30324
320. M. Shelly Moore American International Group Anglo-American Insurance Company, LTD. Financial Life Insurance Company Georgia Health Network Georgia Society of Anesthesiologists Health Insurance Association of America MAG Mutual Insurance Company The Prudential Insurance Company of America Vision Service Plan Voyager Group, Inc. 235 Peachtree Street, 1600 Gas Light Tower Atlanta, Georgia 30303
321. Gregory G. Kergosien The Upjohn Company 38 Lyme Bay Road Columbia, SC 29212
322. Marsha Matson Silverman Silverman & Silverman, Political Consultants 6065 Barfield Rd., Suite 216 Atlanta, Georgia 30328
124
JOURNAL OF THE HOUSE,
323. Willie G. Davis, Jr. W.G. Davis and Associates 2471 Ozark Trail, S.W. Atlanta, Georgia 30331
324. Stewart Acuff Georgia State Employees Union, Local 1985 501 Pulliam Street, S.W. Suite 535 Atlanta, Georgia 30312
325. Phyllis M. Smith Georgia League of Women Voters 720 Westview Drive Atlanta, Georgia 30310
326. Neill Herring Campaign for a Prosperous Georgia Georgia Association of Railroad Passengers Georgia Chapter Sierra Club Amalgamated Transit Union Local 732 257 S. Elm St. Jesup, Georgia 31545
327. Frank M. Deaver Trust Company Bank Post Office Box 4418 Atlanta, Georgia 30302
328. Joyce R. Ringer Citizen 3613 Norwich Drive Tucker, Georgia 30084
329. Edwin B. Topmiller Georgia Sport Shooting Assn., Inc. P.O. Box 9748 2328 Cortez Way Atlanta, Georgia 30319
330. Dallas F. Whaley Towing and Recovery Association of Georgia Georgia Professional Towing and Recovery Association 3580 Yarmouth Hill Lawrenceville, Georgia 30244
331. Edmund C. Martin Georgia School Food Service Association Georgia Association of School Superintendents RFD 2 Box 242 Gainesville, Georgia 30506
332. Martha Pennington Citizens Lobby For Kids Professional Association of Georgia Educators Georgia Congress of Parent-Teacher Assn. Southern Bicycle League 3700 B Market Street Clarkston, Georgia 30021
333. Georgianne Bearden Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 31029
334. David R. Williams Georgia Bankers Assn. 50 Hurt Plaza Suite 1050 Atlanta, Georgia 30303
335. Joe Brannen Georgia Bankers Assn. 50 Hurt Plaza Suite 1050 Atlanta, Georgia 30303
336. Gayle E. Miller Sierra Club 726 Sycamore Street Decatur, Georgia 30030
337. Jim Gray The Tobacco Institute 38 Camden Rd. N.E. Atlanta, Georgia 30309
338. Linda Coursey Jones Citizen 373 Augusta Ave. S.E. Atlanta, Georgia 30315
339. Carol Grant Muldawer City of Atlanta Mayor's Office Atlanta, Georgia 30335
340. Linda S. Lowe Clients of Georgia Legal Services Program Continuum Alliance for Healthy Mothers and Children, Inc. 161 Spring Street Atlanta, Georgia 30303
FRIDAY, JANUARY 13, 1989
125
341. James R. Loyd, Sr. Georgia Tire Dealers and Retreaders Assn. 300 W. Wieuca Road, N.E. Suite 115 Atlanta, Georgia 30342
342. Carl Mason International Assn. of Machinists & Aerospace Workers, Local 709 3790 Brookway Atlanta, Georgia 30331
343. H. James Davis Int'l Association of Machinists & Aerospace Workers, Local 709 Clay Street Marietta, Georgia 30132
344. Deana Womack Int'l Association of Machinists & Aerospace Workers, Local 709 3154 Skyview Lane, N.E. Marietta, Georgia 30066
345. Nell H. Jones Citizen "Breely Lodge" Rt. 3, Box 3140 Clayton, Georgia 30525
346. Christopher Hagin Georgia Aids Lobby Metro Business Publications 1597 Hebron Lane Riverdale, Georgia 30296
347. Vicki Bell Georgia Dental Hygentist's Association 955 Concord Road, S.E. Smyrna, Georgia 30080
348. Jean W. Currey American Association of Retired Persons 4037 Statewood Road, N.E. Atlanta, Georgia 30342
349. Earl Shinhoster NAACP 970 Martin Luther King Jr. Dr. Atlanta, Georgia 30314
350. Fred B. Kitchens, Jr. Wine & Sprits Wholesalers of Georgia Suite 414, Six Piedmont Ctr. 3525 Piedmont Road, N.E. Atlanta, Georgia 30305
351. Gary Martin Police Benevolent Association of Georgia, Inc. 1597 Phoenix Boulevard #12 Atlanta, Georgia 30349
352. Susan E. Whitney League of Women Voters of Georgia 2844 Jasmine Court Atlanta, Georgia 30345
353. Bill W. Gray Chadbrooke Insurance Company Diversified Reader Sales RBN Consultants Limited Georgia Hearing Aid Society City of Roswell 11405 Hackett Road Roswell, Georgia 30075
354. L. Jane Miller Georgians for Better Transportation, Inc. 160 Clairmont Avenue Suite 570 Decatur, Georgia 30030
355. Wilma G. Hipps Georgians for Better Transportation, Inc. 160 Clairmont Ave., S-570 Decatur, Georgia 30030
356. John E. Rollins Parley Industries Citicorp Family Guardian Life Insurance 6307 Eaglebrook Avenue Tampa, FL 33624
357. George E. Hibbs State Bar of Georgia The State Bar of Georgia 50 Hurt Plaza 800 Hurt Bldg. Atlanta, Georgia 30303
358. Mathew Foster Amalgamated Transit Union Local 732 501 Pulliam St., S.W. Suite 350 Atlanta, Georgia 30312
126
JOURNAL OF THE HOUSE,
359. Eugene Roberts Amalgamated Transit Union 501 Pulliam Street, S.W. Suite 350 Atlanta, Georgia 30312
360. Susan Twilley Cobb Chamber of Commerce Post Office Box Cobb Marietta, Georgia 30065
361. Jerry Hill Amoco Corporation 6 Executive Park Atlanta, Georgia 30329
362. Jim Morrison Georgia Game and Fish Federation P.O. Box 1194 Darien, Georgia 31305
363. Gregory B. Paxton Georgia Trust for Historic Preservation Georgians for Preservation Action 1516 Peachtree Street, N.W. Atlanta, Georgia 30309
364. Judith Baird The Aetna Casualty & Surety Company 75 Poplar Street Atlanta, Georgia 30303-2122
365. Mark Stephen Daniel Georgia Farm Bureau Federation 1620 Bass Road Macon, Georgia 31298
366. Wilton Hill Georgia School Bus Drivers Association, Inc. Post Office Box 158 Reidsville, Georgia 30453
367. John T. Mitchell Mercer University 1400 Coleman Avenue Macon, Georgia 31207
368. Tim Johnson Citizen Campaign for a Prosperous Georgia Route 2, Box 186 Alto, Georgia 30510
369. W.R. Hornsby Georgia Professional Bail Agents 750 Glass Street, N.W. Atlanta, Georgia 30318
370. Sharon A. Mobley Georgia Grocers Assn. 2150 Parklake Drive, #160 Atlanta, Georgia 30345
371. Raymond Cecil Taylor Brotherhood of Locomotive Engineers Post Office Box 9823 Columbus, Ga. 31908-9823
372. Henry Turner US Sprint 3065 Hargrove Road Atlanta, Georgia 30339
373. June Deen American Lung Association of Georgia 2452 Spring Road Smyrna, Georgia 30080
374. J. Frank Young Young Development Services, Inc. P. 0. Box 1126 Alpharetta, Ga. 30239-8287
375. Laura Rowell Southeast Recycling Corporation Southeast Paper Manufacturing Co. 2000 Powers Ferry Road Suite 610 Marietta, Georgia 30067
376. George B. Elder Southeast Recycling Corporation Southeast Paper Manufacturing Co. 2000 Powers Ferry Road Suite 610 Marietta, Georgia 30067
377. William C. Resseau, Jr. Brotherhood Maintenance of Way Employees Route 1, Box 500 Hillsboro, Georgia 31038
FRIDAY, JANUARY 13, 1989
127
378. Charlotte Gattis Georgia Manufactured Housing Association 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30339
379. Larry G. Lenders Georgia Manufactured Housing Association 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30039
380. J. David Porter Young Democrats of Georgia Young Democrats of America 511 Susan Creek Drive Stone Mountain, Georgia 30083
381. Earl T. Leonard, Jr. The Coca-Cola Company Post Office Drawer 1734 Atlanta, Georgia 30301
382. Connell Stafford The Coca-Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301
383. John Wolfenbarger City of Macon P. 0. Box 247 Macon, Georgia 31213
384. John P. Silk Georgia Telephone Association 1900 Century Blvd. Suite 8 Atlanta, Georgia 30345
385. Sue W. Tharpe DeKalb Chamber of Commerce 750 Commerce Drive Decatur, Georgia 30030
386. Thomas G. Cook Georgia Osteopathic Medical Association Georgia Pharmaceutical Association 1729 Lenox Road N.E. Atlanta, Georgia 30306
387. J. Richard Petersen, Jr. Cigna, Corp. 1600 Arch Street Philadelphia, PA 19102
388. Lansing B. Lee, III, Attorney At Law
Cigna, Corp. Gambrell Investments Patton, Boggs, &
Blow Attorneys 2550 M Street, N.W. Washington, DC 20037
389. Rosemary Staples League of Women Voters of Georgia 1018 Layfield Court Dunwoody, Georgia 30338
390. Amos A. Plante Exxon Corporation Post Office Box 60626 New Orleans, LA 70160-0626
391. Louis A. Gerland, III Atlanta Coke 100 Galleria Parkway Suite 800 Atlanta, Georgia 30339
392. Theresa Ann Sipe American College of Nurse-Midwives, Georgia Chapter 537 Lakeshore Dr. Berkley Lake, Ga. 30136-30335
393. Randall M. Lipshutz Community Association Institute-Georgia Chapter 2300 Harris Tower-Ptree Center 233 Peachtree St., N.E. Atlanta, Georgia 30043
394. Lynn Westmoreland Citizen 180 Lamberth Lake Drive Fayetteville, Georgia 30214
395. Mark Davis Citizen 100 Reston Court Fayetteville, Georgia 30214
396. VOID
397. Ron Rogers Atlanta NAACP Southeastern Regional NAACP Georgia State NAACP 136 Marietta Street Suite 405 Atlanta, Georgia 30303
128
JOURNAL OF THE HOUSE,
398. Bob Short Federation of Georgia Hospitals Hospital Corporation of America Bob Short and Assoc. Coliseum Medical Centers Doctors' Hospital Tucker Fairview Park Hospital Hughston Sports Medicine Hospital HCA Palmyra Medical Centers Parkway Medical Center Redmond Park Hospital West Paces Ferry Hospital Doctors' Hospital Columbus Lanier Park Hospital Worth Community Hospital Emanuel County Hospital Habersham County Medical Center Higgins General Hospital Memorial Medical Center, Inc. Peach County Hospital Tanner Medical Center Upson County Hospital Wayne Memorial Hospital 1456 Stratfield Circle Atlanta, Georgia 30319
399. G.W. Tibbetts Georgia Association of Educators P.O. Box 1088 Tifton, Georgia 31793
400. Dr. Malcolm Cummings Georgia Association of Christian Schools Suite 218 337 South Milledge Avenue Athens, Georgia 30605
401. Julian Hester Community Bankers Association of Georgia 1100 Circle 75 Parkway Suite 720 Atlanta, Georgia 30339
402. Carolyn Brown Community Bankers Association of Georgia 1100 Circle 75 Parkway Suite 720 Atlanta, Georgia 30339
403. Quintel Howell Amalgamated Transit Union-Local 732 501 Pulliam Street Suite 350 Atlanta, Georgia 30312
404. Faye Yager Abused Children, Underground in Hiding Mothers Against Raping Children (MARC) Sex Abused Victims (SAVE) Mothers of Torment, Torture, & Anguish (MOTTA) 920 Curlew Court Atlanta, Georgia 30327
405. Victoria H. Karp Abused Children, Underground Hiding-Abused By Legal System Mothers Against Raping Children (MARC) Sex Abuse Victims (SAVE) Mothers of Torment, Torture, & Anguish (MOTTA) 1265 Northshore Drive Roswell, Georgia 30076
406. Jack Acree Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
407. Deloris Bryant-Booker Fulton County Board of Education 786 Cleveland Ave., S.W. Atlanta, Georgia 30315
408. Melissa Metcalfe, Dir. Common Cause of Georgia 233 Mitchell Street, S.W. Atlanta, Georgia 30303
409. R. H. Williams Jefferson Smurfit Corp. Container Corp. of America P.O. Box 150 Jacksonville, FL 32201
410. F. Abit Massey Georgia Poultry Federation Post Office Box 763 Gainesville, Georgia 30503
411. Kathy T. Chaffin Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309
FRIDAY, JANUARY 13, 1989
129
412. "Chip" R.B. Spradley Georgians Against Smoking Pollution 3093 Dove Way Decatur, Georgia 30033
413. Mike Wingo Atlanta Gas Light Co. 235 Peachtree St. Atlanta, Georgia 30302
414. Charlotte Wilen Continuum Alliance for Healthy Mothers and Children, Inc. 1252 West Peachtree St., N.W. Suite 311 Atlanta, Georgia 30309
415. Ember Uziel Georgia Conservancy 8615 Barnwell Road Alpharetta, Georgia 30201
416. Tracy Williamson Sierra Club Trout Unlimited 4036 E. Ponce De Leon Ave. Clarkston, Georgia 30021
417. Bryce Holcomb Georgia Soft Drink Association 848 Broad Street, S.W. Suite 105 Gainesville, Georgia 30501
418. Bruce E. Widener Printing Industry Association of Georgia Yancey Brothers Company Georgia Equipment Distributors Georgia Utility Contractors Association Conditioned Air Association of Georgia Georgia Drillers Association Georgia Lions Eye Bank-Emory United Engineering 1847 C-Peeler Road Dunwoody, Georgia 30338
419. Ed McGill Georgia Alcohol Dealers Association, Inc. 920 Green Street Conyers, Georgia 30207
420. Lucy C. Willis, RNC Georgia Nurses Association Georgia Association of Occupational Health Nurses 1377 Oakleigh Drive East Point, Georgia 30344
421. Geneva R. Freeman League of Women Voters of Georgia 100 Edgewood Avenue Atlanta, Georgia 30303
422. Robin Riedel Family Concerns, Inc. 318 Pleasantdale Crossing Doraville, Georgia 30340
423. Chris B. Chronister Family Concerns, Inc. 710 W. Pike Street Stone Mountain, Georgia 30083
424. Lewis E. Peeples American Federation of State, Co. & Municipal Employees 161 Spring Street, NW, #640 Atlanta, Georgia 30303
425. Anita M. Patterson American Federation of State, Co. & Municipal Employees 161 Spring Street, Suite 640 Atlanta, Georgia 30303
426. Jane Ray Taylor Family Concerns, Inc. 148 Rendant Avenue Savannah, Georgia 31419
427. Sara M. Edwards Family Concerns, Inc. 1 Lemon Lane, N.E. Atlanta, Georgia 30307
428. Edward W. Lebaron, Jr. Not for Profit Hospital Association of Georgia 35 Broad Street, llth Floor Atlanta, Georgia 30335
429. Kathryn M. Usrey Family Concerns, Inc. 620 Amberidge Trail Atlanta, Georgia 30328
430. Darlina J. Morris Family Concerns, Inc. 2404-F Dunwoody Crossing Atlanta, Georgia 30338
130
JOURNAL OF THE HOUSE,
431. John A. Blackmon Parley Industries Charles G. Bartenfield Citicorp and its Affiliates Georgia Hospitality and Travel Association Atlanta Conv. and Visitors Bureau Georgia Automobile Dealers Association 2400 First Atlanta Tower Atlanta, Georgia 30383
432. Monty Veazey Consulting Engineers Frito Lay Georgia Not for Profit Hospitals, Inc. 3M Company Post Office Box 1572 Tifton, Georgia 31793
433. Kathy Lach Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
434. Linda G. Edmonds Georgia Optometric Assn. Post Office Box 36313 Decatur, Georgia 30032
435. Paul Angelo Vogt The Georgia Conservancy 892 Highland View, N.E. Atlanta, Georgia 30306
436. Wayne L. Bryan American Automobile Assn. 1100 Spring Street Atlanta, Georgia 30367
437. Linda Gail Womack Oglethorpe Power Corp. Post Office Box 1349 Tucker, Georgia 30085-1349
438. Teresa Nelson State Bar of Georgia 800 The Hurt Building 50 Hurt Plaza Atlanta, Georgia 30303
439. Ellen A Rhoades Auditory Education Center 3016 Lanier Drive Atlanta, Georgia 30319
440. Joan R. Gates Planned Parenthood of The Atlanta Area 100 Edgewood Avenue, N.E. Suite 1604 Atlanta, Georgia 30345
441. Bill Griffin Georgia Beer Wholesalers Association 3015 Piedmont Rd. N.E. Atlanta, Georgia 30305
442. Tony Hightower Georgia Lottery Association Law Offices, Suite 200 3169 Holcomb Bridge Road Norcross, Georgia 30071
443. Kathryn Egan Stout Citizen 110 North Mill Road Atlanta, Georgia 30328
444. Tavia McCuean The Nature Conservancy 4725 Peachtree Corners Circle Suite 395 Norcross, Georgia 30092
445. Jane Weest Plumbers and Pipefitters Local Union 72 3749 Maynard Terrace Atlanta, Georgia 30001
446. Gary Blalack Glaxo, Inc. 1413 Wildwood Court Franklin, TN 37064
447. Marion A. Suitt Glaxo, Inc. Route 9, Box 680 Boone, NC 28607
448. George Ann Hoffman Georgia Federation of Women's Clubs 797 San Miguel Drive Stone Mountain, Georgia 30083
449. R. Rudolph Underwood Georgia Farm Bureau Post Office Box 7068 Macon, Georgia 31298
450. J. Emmett Henderson Georgia Council on Moral and Civic Concerns, Inc. 2930 Flowers Road South Suite 102 Atlanta, Georgia 30341
FRIDAY, JANUARY 13, 1989
131
451. Robert R. King Georgia Hospitality Travel Association 600 West Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30308
452. Bill Verner Georgia Electric Membership Corporation 151 Ellis Street, Suite 422 Atlanta, Georgia 30303
453. Vicki Trifiro Public Assistance Coalition 201 Washington Street Atlanta, Georgia 30303
454. Mrs. Johnnie Forgay Georgia Nurses Association 4220 Klondike Road Lithonia, Georgia 30038
455. Gayle Viehman Friends of Zoo Atlanta 970 Buckingham Circle Atlanta, Georgia 30327
456. Elaine S. Rubin Georgia Association for Marriage and Family Therapy 66A 12th Street Atlanta, Georgia 30309
457. Jerri Bonner Georgia Association for Marriage and Family Therapy 2801 Buford Highway, #393 Atlanta, Georgia 30329
458. Jack W. Hatcher Salem Carpet Mills, Inc. Carpet and Rug Institute Post Office Box 10 Ringgold, Georgia 30736
459. Barbara F. Work Sandy Springs Committee 2630 Braffington Court Dunwoody, Georgia 30350
460. Connie Weber The Georgia Conservancy 3629 Summerford Way Marietta, Georgia 30062
461. Arthur B. Seymour The Georgia Conservancy 1600 First Federal Building Atlanta, Georgia 30303-2867
462. William R. Carlyon The Georgia Conservancy 640 Weatherly Lane, N.W. Atlanta, Georgia 30328
463. Gilbert H. Gidley The Georgia Conservancy 2914 Rockingham Drive Atlanta, Georgia 30327
464. J. Robert Benton Wine Institute 7179 Jonesboro Rd. Suite 200 Morrow, Georgia 30260
465. Connie I. Graves Georgia Nurses Association 1362 W. Peachtree Street, N.E. Atlanta, Georgia 30309
466. Gil C. Robison Georgia Aids Legislative Coalition 230 Peachtree Street, N.W. Atlanta, Georgia 30303
467. David O. Eldridge The Georgia Conservancy 825 Moores Mill Road Atlanta, Georgia 30327
468. Robert P. Constantine, Jr. Anglo-American Insurance Company, LTD. Georgia Health Network Georgia Society of Anesthesiologists Georgia Alliance of Design Professors The Prudential Insurance Company of America Voyager Group, Inc. Health Insurance Association of America Mag Mutual Insurance Co. Financial Life Insurance Company of Georgia Vision Service Plan American International Group 235 Peachtree Street, N.E. Suite 1600 Atlanta, Georgia 30303
132
JOURNAL OF THE HOUSE,
469. Joe T. Wood Medical Association of Georgia The Georgia State Association of Life Underwriters, Inc. P.O. Drawer 1058 Gainesville, Georgia 30503
470. Carroll Ann Lindseth League of Women Voters of Georgia Suite 1010 100 Edgewood Avenue, N.E. Atlanta, Georgia 30305
471. James L. Cherry National Center for Handicapped Rights, Inc. 625 Reds Circle Lilburn, Georgia 30247
472. Sylvia Cherry National Center for Handicapped Rights, Inc. 625 Reds Circle Lilburn, Georgia 30247
473. Bonnie R. Brunn League of Women Voters DeKalb County 1177 Rennes Court, N.E. Atlanta, Georgia 30319
474. Bob Margolin Syntex Laboratories Inc. 4544 Leonora Drive Tucker, Georgia 30084
475. 476. James Welsh
Fulton County Board of Education
786 Cleveland Avenue Atlanta, Georgia 30315
477. Brenda Dicristina Atlanta Junior League 17 Heards Overlook Court Atlanta, Georgia 30328
478. Gerald W. Bowling The Municipal Gas Authority of Georgia Municipal Electric Authority of Georgia 1400 Peachtree Place Tower 999 Peachtree Street, N.E. Atlanta, Georgia 30309-3999
479. Gay Colyer Junior League of Atlanta 946 Winall Down Road Atlanta, Georgia 30319
480. Joseph J. Kelly Texaco Lubricants Company Texaco Inc. Texaco USA Star Enterprise Post Office Box 4582 Atlanta, Georgia 30302
481. Ernest Wright Citizen 528 Mundys Mill Road Jonesboro, Georgia 30236
482. Keith A. Meador Southeast Toyota Distributors, Inc. Motorcycle Industry Council, Inc. JM Life Insurance Company World Omni Finance Corp. Smith, Barney Harris Upham Microtel Northside Hospital Democratic Party of Ga. United Properties Allied Construction Corp. 1800 Peachtree Street Suite 355 Atlanta, Georgia 30309
483. Thomas M. Boiler Rollins Research and Development, Inc. Georgia Appraisers Coalition Magistrate Judges Association State Bar of Georgia Standard Oil of Ohio Post Office Box 8733 Atlanta, Georgia 30306
484. Larry D. Lloyd The Health Field Group, Inc. 6666 Powers Ferry Road Suite 366 Atlanta, Georgia 30339
485. Gerald N. Brunson Merck Sharp & Dohme 4940 Windhaven Court Atlanta, Georgia 30338
486. Jeanine Perkins American Council of Life Insurers American Insurance Association 230 Peachtree Street Suite 1900 Atlanta, Georgia 30303
FRIDAY, JANUARY 13, 1989
133
487. D. Gordon Draves Georgians Against Smoking Pollution (GASP) 3093 Dove Way Decatur, Georgia 30033
488. Edward R. Vickery Catoosa Education Assn. Post Office Box 130 Ringgold, Georgia 30736
489. Lee R. Sims Catoosa County Schools Citizen P.O. Box 130 Ringgold, Georgia 30736
490. James R. Newman Southern Bell 346-125 Perimeter Center West Atlanta, Georgia 30346
491. James L Mynes ITT Consumer Financial Corporation 2218 6th Ave. S.E. P.O. Box 1513 (MAIL) Decatur, Al 35602
492. Charles H. Battle, Jr. King & Spalding 2500 Trust Company Tower Atlanta, Georgia 30303
493. George Busbee King & Spalding 2500 Trust Company Tower Atlanta, Georgia 30303
494. Archie Burnham The Georgia Safety Council 5829 Little Mountain Drive Ellenwood, Georgia 30049
495. Margo T. Smith Georgia Network Against Domestic Violence 250 Georgia Avenue Suite 344 Atlanta, Georgia 30312
496. Paula L. Jameson Georgia Nurses Association 691 Roxboro Trace Lawrenceville, Georgia 30244
497. Ms. Edith A. Eberhart Georgia Women's Political Caucus 3905 McGill Drive Decatur, Georgia 30034
498. Pamela W. Lightsey Georgians for Victims' Justice 2700 Pebblewood Drive Valdosta, Georgia 31602
499. Dr. Louise B. Duncan Georgia Nurses Association 1362 West Peachtree St. Atlanta, Georgia 30309
500. Marion F. Hale Georgia Nurses Association 1876 Niskey Lake Tr., S.W. Atlanta, Georgia 30331
501. Stephen Hyles Georgia Private School Association 927 3rd Avenue Columbus, Georgia 31902
502. Donald R. Wagner American Association of University Professors 346 Kramer Street Carrollton, Georgia 30117
503. Ronald L. Cain United Steelworkers of American Local 7731 P.O. Box 159 Perry, Georgia 31069
504. Dan McCranie United Steelworkers of American Local 7731 105 Brown Drive Warner Robins, Georgia 31093
505. Sue Ellen Cross Lea Greater Atlanta Council of Senior Citizens 159 Ralph McGill Blvd., N.E. Suite 506 Atlanta, Georgia 30308
506. Tom Deardorff Citizen 8 Piedmont Center Suite 555 Atlanta, Georgia 30303
507. Mrs. Narvis S. Grier NAACP, Atlanta Branch, State Chapter, Regional Office 136 Marietta St. Suite 405 Atlanta, Georgia 30303
134
JOURNAL OF THE HOUSE,
508. Ski Bashinski Georgia Funeral Directors Association Georgia Automatic Merchandising Council Surveying and Mapping Society of Georgia Greater Atlanta Fabricare Association Georgia Cemetery Assn. Georgia Pest Control Association 3009 Rainbow Drive Suite 123 Decatur, Georgia 30034
509. Sally C. Whitney Georgia Nurses Association 290 Interstate N., #130 Atlanta, Georgia 30339
510. Jerry McCollum Georgia Wildlife Federation 1936 Iris Drive Suite G Conyers, Georgia 30207
511. Glenn K. Reeves Georgia Wildlife Federation 1936 Iris Drive Suite G Conyers, Georgia 30207
512. Eugene L. McCord Applied Enviromental Testing Laboratories, Inc. (AETL) 680 Thornton Way Lithia Springs, GA 30057-9998
513. Al King A&H Asbestos Removal, Inc. 1819 Kanawha Trail Stone Mountain, Georgia 30087
514. Yusuf Jamal Ali A&H Asbestos Removal, Inc. 680 Thornton Way Suite 202 Lithia Springs, Georgia 30057
515. George P. Dillard Dillard, Greer, Westmoreland & Wilson Suite 1700 999 Peachtree St., N.E. Atlanta, Georgia 30309
516. Kay Y. Young Georgia Legal Services Program Atlanta Legal Aid Society, Inc. 161 Spring Street, N.W. 5th Floor Atlanta, Georgia 30303
517. Michael Groover Citizen 8257 Winston Way Jonesboro, Georgia 30236
518. Herbert H. Mabry Georgia AFL-CIO 501 Pulliam St., S.W. Suite 549 Atlanta, Georgia 30312
519. Diane Burgoon The Georgia Conservancy 8615 Barnwell Road Alpharetta, Georgia 30201
520. Deborah Simonds-Thurston Georgia Association of Educators (GAE) Berkmar High School 405 Pleasant Hill Road, N.W. Lilburn, Georgia 30247
521. Ron Kazmirski Georgia Nurses Association 1362 West Peachtree St., N.W. Atlanta, Georgia 30309
522. William A. Travis McNeil Pharmaceutical 1444 Dallas Circle Marietta, Georgia 30064
523. Helen P. Smith Georgians for Victim Justice, Inc. Post Office Box 2309 Savannah, Georgia 31404
524. Rita Valenti Georgia Nurses Association 610 Northern Ave. Apt. F-301 Clarkston, Georgia 30021
525. James W. Strong Fulton County Grand Jurors Association Citizen 3607 Roxboro Road, N.E. Atlanta, Georgia 30326
FRIDAY, JANUARY 13, 1989
135
526. Frank Barren Thorpe Georgia Association of Convenience Stores Georgia Wholesale Grocers Association P.O. Box 7776 Macon, Georgia 31209
527. Guy E. Wood Georgia Association of Assessing Officials 132 Mitchell Ave., S.W. Atlanta, Georgia 30349
528. Donald T. Browne First National Bank of Atlanta First Atlanta Corporation First Wachovia Corporation 2 Peachtree Street, ML 525 Atlanta, Georgia 30383
529. Horace White MONI-PAC 3979 Springleaf Drive Stone Mountain, Georgia 30083
530. Lita Sue Menkin League of Women Voters of Georgia Silver Haired Legislature Clients of Senior Citizens Advocacy Project Post Office Box 2034 Atlanta, Georgia 30301
531. Timothy L. Ashmore Columbus Chamber of Commerce P.O. Box 1200 Columbus, Georgia 31902
532. William J. White Committee of one Million Gate City Guard 3760 LaVista Road Tucker, Georgia 30084
533. Chattman Johnson, Jr. Fulton County Johnson Management Group 10 Park Place South Suite 305 Atlanta, Georgia 30303
534. Nancy P. Schulz Georgia Nurses Association 1362 West Peachtree St. Atlanta, Georgia 30309
535. Kathy Lee Mitchell Georgia Nurses Association Citizen RR1, Box 200 Jarrell Plantation Road Juliette, Georgia 31046
536. Judy C. Bradley Professional Association of Georgia Educators 3700 B Market Street P.O. Box 636 Clarkston, Georgia 30021
537. Donnie R. Swain Professional Association of Georgia Educators (P.A.G.E.) Metter High School Vertia Street Metter, Georgia 30439
538. Jere A. Ridgway American Association of Retired Persons (AARP) 111 Smith Street Hartwell, Georgia 30643
539. Margie Pitts Hames Ambulatory Surgical Centers 2671 Rivers Road Atlanta, Georgia 30305
540. Ann W. Rose Midtown Hospital 1104 Wedgewood Way Dunwoody, Georgia 30350
541. Lynn L. White Georgia Child Care Association 920 Green Street Conyers, Georgia 30207
542. Brian Johnstone AT&T & Affiliated Companies 133 Peachtree Street Suite 3300 Atlanta, Georgia 30303
543. Karen Lowman Georgia Nurses Association 5099 Whited Way Lilburn, Georgia 30247
544. William (Bill) Renouf Associates Corporation of North America 2175 Parklake Drive Suite 450 Atlanta, Georgia 30345
136
JOURNAL OF THE HOUSE,
545. H. Sidney Linton GTE South 1640 Powers Ferry Road Building 18, Suite 320 Atlanta, Georgia 30067
546. Lisa Johnsa Citizen Gwinnett Justice Admin. Center 75 Langley Drive Lawrenceville, Ga. 30518
547. VOID
548. Teresa E. Wise Citizen 75 Langley Drive Lawrenceville, Ga. 30245
549. Bob Keen American International Group Anglo-American Insurance Company, Ltd. Georgia Society of Anesthesiologists Mag Mutual Insurance Co. The Prudential Insurance Company of America Voyager Group, Inc. Health Ins. Association of America VSP of the Southeast Inc. Financial Life Insurance Company of Georgia Georgia Health Networks 1600 Gaslight Tower 235 Peachtree Street Atlanta, Georgia 30303
550. Ray Jones MCI Telecommunications Corporation 400 Perimeter Center Terr., N.E. Suite 400 Atlanta, Georgia 30346
551. Joe W. Andrews, Jr. Registered Agent Georgia Dairy Products Association Georgia Industrial Loan Association Cole National Corporation Georgia Association of Superior Court Clerks Georgia Tax Officials Assn. Post Office Box 801 Atlanta, Georgia 30346
552. VOID
553. Kelvin F. MacDonald Georgia Right to Life Committee Inc. 8270 Dawn Drive Jonesboro, Georgia 30236
554. William B. Hollberg Alliance for Parents & Families Georgia Voters Alliance 1800 Peachtree Road, N.W. Suite 520 Atlanta, Georgia 30309
555. Kyle Smith Catoosa County Schools Citizen P.O. Box 130 Ringgold, Georgia 30736
556. Margaret S. York United Way of Metro Atlanta P.O. Box 2692 100 Edgewood Ave. N.E. Atlanta, Georgia 30371
557. James D. Engstrom United Way of Metro Atlanta United Ways of Georgia 100 Edgewood Avenue Post Office Box 2692 Atlanta, Georgia 30371
558. Gary C. Humphrey Towning & Recovery Association of Georgia 2935 Moreland Avenue Conley, Georgia 30027
559. Dr. Fred M. Bell Citizen Post Office Box 550-468 Atlanta, Georgia 30355
560. James Hoffer Georgia Federation of Teachers Post Office Box 281 Dawsonville, Georgia 30534
561. James M. Griffith Georgia Power Company Box 4545 Atlanta, Georgia 30302
FRIDAY, JANUARY 13, 1989
137
562. Calvin Alexander Ramsey Citizen Post Office Box 56725 Atlanta, Georgia 30343
563. Frank F. Molock CWA Metro Retirees Glover Street Marietta, Georgia 30060
564. Sylvia M. Sultenfuss Georgia Nurses Association 1457 South Ponce De Leon Ave. N.E. Atlanta, Georgia 30307
565. Charles W. Greenlea NAACP 2440 Barge Road, S.W. Atlanta, Georgia 30331
Pursuant to HR 8, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 23, 1989.
138
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, January 23, 1989
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 David K. Payne, Pastor, Gospel Tabernacle United Pentecostal Church, Porterdale, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 250. By Representatives Dobbs of the 74th, Porter of the 119th and Hooks of the 116th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a remedy for covered claims under accident and sickness insurance policies when the insurer has become insolvent and is unable to perform its contractual obligations; to create an accident and sickness insurance account in the Georgia Insurers Insolvency Pool.
Referred to the Committee on Insurance.
HB 251. By Representatives Robinson of the 96th and Bishop of the 94th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to include in the definition of "prosecuting attorney" a person who serves on a full-time basis as a district attorney.
Referred to the Committee on Special Judiciary.
MONDAY, JANUARY 23, 1989
139
HB 252. By Representatives Robinson of the 96th, Groover of the 99th and Bishop of the 94th:
A bill to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to contracts in general, so as to provide a statutory determination of what constitutes a trade secret; to provide that contractual rights or other rights relating to trade secrets shall be construed according to such statutory determination.
Referred to the Committee on Judiciary.
HB 253. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1990, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.
HB 254. By Representatives Crawford of the 5th and Smith of the 16th:
A bill to amend Code Section 21-2-409 of the Official Code of Georgia Annotated, relating to assisting electors who cannot read or who have physical disabilities, so as to provide that blind electors shall not be required to take an oath in order to receive assistance in voting.
Referred to the Committee on Governmental Affairs.
HB 255. By Representatives Porter of the 119th and Jamieson of the llth:
A bill to amend Code Section 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, so as to authorize the commissioner of public safety to assess a fine against an insurer which sends a notice of cancellation to the Department of Public Safety in violation of the department's regulations.
Referred to the Committee on Motor Vehicles.
HB 256. By Representative Porter of the 119th:
A bill to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, and to amend Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trusts, effects of retention of a life estate, power of appointment, or remainder interest, and distribution or division of trust property.
Referred to the Committee on Judiciary.
HB 257. By Representative Porter of the 119th:
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 of an incapacitated adult, so as to provide that in cases involving the creation or termination of a guardianship of the property of an adult who owns real property, the judge or clerk of the probate court shall be responsible for filing a certificate with the clerk of the superior court.
Referred to the Committee on Judiciary.
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JOURNAL OF THE HOUSE,
HB 258. By Representative Porter of the 119th:
A bill to amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, so as to permit aliens lawfully admitted to the United States for permanent residence to act as executors; to change the circumstances under which nonresident executors and coexecutors shall be required to give bond.
Referred to the Committee on Judiciary.
HB 259. By Representative Porter of the 119th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over the appointment of trustees and the acceptance of a trustee's resignation.
Referred to the Committee on Judiciary.
HB 260. By Representatives Porter of the 119th, Jamieson of the llth and Jackson of the 9th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to change the provisions on the payment of witness fees for certain law enforcement officers, correctional officers, and similar persons.
Referred to the Committee on Judiciary.
HB 261. By Representatives Waddle of the 113th, Adams of the 79th, Heard of the 43rd, Jones of the 71st and Felton of the 22nd:
A bill to amend part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to authorize businesses to designate additional handicapped parking places for use by nonambulatory permanently handicapped persons; to provide for the marking of such handicapped parking places for the nonambulatory.
Referred to the Committee on Human Relations & Aging.
HB 262. By Representatives Watson of the 114th and Waddle of the 113th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit System, so as to change the definition of employer to include certain credit unions.
Referred to the Committee on State Planning & Community Affairs.
HB 263. By Representatives Rainey of the 135th, Smith of the 156th, Fennel of the 155th, Moody of the 153rd and Titus of the 143rd:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to include marinas within the definition of a project; to delete a reference to certain counties and municipalities; to delete a listing of specific counties in which the powers granted may be exercised.
Referred to the Committee on Game, Fish & Recreation.
MONDAY, JANUARY 23, 1989
141
HB 264. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Titus of the 143rd and Hudson of the 117th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide that it shall be unlawful to feed alligators or bears except while holding a valid permit or license to possess the animal being fed.
Referred to the Committee on Game, Fish & Recreation.
HB 265. By Representatives Orrock of the 30th, McDonald of the 12th and Dunn of the 73rd:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alcohol, or while using any drug that affects such person's faculties.
Referred to the Committee on Industry.
HB 266. By Representative Alien of the 127th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of property owned by veterans organizations; to define "veterans organizations"; to provide for a state-wide referendum.
Referred to the Committee on Ways & Means.
HB 267. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Gresham of the 21st, Kingston of the 125th and Wall of the 61st:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to repeal certain provisions requiring the repeal of such article upon an increase of the current 3 percent state sales and use tax to a rate in excess of 3 percent.
Referred to the Committee on Ways & Means.
HB 268. By Representatives Oliver of the 53rd and Alien of the 127th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to remove the offense of possessing with intent to distribute any controlled substance from the list of those offenses bailable only before a judge of the superior court.
Referred to the Committee on Judiciary.
HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.
Referred to the Committee on Special Judiciary.
142
JOURNAL OF THE HOUSE,
HB 270. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act providing for a new charter for the Town of Martin, so as to change certain provisions relating to the election of the mayor; to change certain provisions relating to the taking of office by certain municipal officers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 271. By Representatives Jamieson of the llth, Dover of the llth, Smith of the 78th, Barnett of the 10th, Porter of the 119th and McDonald of the 12th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to increase the applicable occupant load with respect to churches.
Referred to the Committee on State Institutions & Property.
HB 272. By Representatives Patten of the 149th, Porter of the 119th and Floyd of the 154th:
A bill to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands protection, so as to permit the leasing of state owned marshland and water bottoms to eligible persons as defined, for purposes of construction, operation, and maintenance of marinas providing slips for more than three boats.
Referred to the Committee on Natural Resources & Environment.
HB 273. By Representatives Thomas of the 69th, Cummings of the 17th and Simpson of the 70th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal.
Referred to the Committee on Retirement.
HB 274. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 34-9-105 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 appeals to the superior court and an application for review to the board made from the same final award of an administrative law judge shall be heard first by the board with appeal rights to the superior court.
Referred to the Committee on Judiciary.
HB 275. By Representative Felton of the 22nd:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a new charter for the City of Sandy Springs.
Referred to the Committee on State Planning & Community Affairs - Local.
MONDAY, JANUARY 23, 1989
143
HB 276. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1989, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.
HB 277. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
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.
Referred to the Committee on Ways & Means.
HB 278. By Representative Felton of the 22nd:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an exception for certain municipal corporations.
Referred to the Committee on State Planning & Community Affairs.
HB 279. By Representatives Walker of the 115th, Murphy of the 18th, Groover of the 99th, Lee of the 72nd, Watson of the 114th and Pinkston of the 100th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance for public school teachers and other personnel, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for a limited waiver of the sovereign immunity of the state.
Referred to the Committee on Judiciary.
HB 280. By Representative Thompson of the 20th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones.
Referred to the Committee on Motor Vehicles.
HB 281. By Representative Green of the 106th:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
144
JOURNAL OF THE HOUSE,
HB 282. By Representative Hudson of the 117th:
A bill to amend Code Section 17-10-31 of the Official Code of Georgia Annotated, relating to the requirement that a jury find an aggravating circumstance and recommend that the death penalty be imposed before a death sentence is given, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance.
Referred to the Committee on Special Judiciary.
HB 283. By Representative Hudson of the 117th:
A bill to amend an Act providing for the consolidation of the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner of Bleckley County, so as to change the provisions relative to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 284. By Representatives Parrish of the 109th, Murphy of the 18th and Lee of the 72nd:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to public retirement systems of Georgia, so as to create the Joint Management Committee of the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia; to provide for the composition of said committee and for its functions.
Referred to the Committee on Retirement.
HB 285. By Representative Hudson of the 117th:
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 sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 73. By Representative Orrock of the 30th: A resolution compensating Holy Order of MANS, Inc.
Referred to the Committee on Appropriations.
HR 74. By Representatives Jamieson of the llth and Dover of the llth: A resolution designating the U. S. 441 Business Historic Route.
Referred to the Committee on Transportation.
HR 75. By Representative Thompson of the 20th: A resolution compensating Mr. David Edward Simmons, Sr.
Referred to the Committee on Appropriations.
MONDAY, JANUARY 23, 1989
145
HR 76. By Representative Isakson of the 21st: A resolution compensating G. Douglas Fuller and Alice K. Fuller.
Referred to the Committee on Appropriations.
HR 77. By Representative Hudson of the 117th: A resolution compensating Mr. George Roland.
Referred to the Committee on Appropriations.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 287. By Representatives Wall of the 61st and Goodwin of the 63rd:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to create a board of commissioners, a chief executive officer, and assistant chief executive officers, which shall constitute the governing authority of Gwinnett County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 288. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Mobley of the 64th and others:
A bill to amend Chapter 7 of Title 36 of the Official Code of Georgia Annotated, relating to county surveyors, so as to authorize the General Assembly by local law to abolish the office of elected county surveyor in any county and authorize the appointment of said official by the county governing authority; to provide requirements and limitations relative thereto.
Referred to the Committee on State Planning & Community Affairs.
HB 289. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd and Mobley of the 64th:
A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to authorize the board of commissioners to make charitable contributions.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 290. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Mobley of the 64th and others:
A bill to abolish the office of elected county surveyor of Gwinnett County; to provide for the appointment of said official by the county governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 291. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, so as to provide for management review of employees serving in a working test period of employment; to provide that such management review shall not be interpreted as granting any additional rights to a working test employee.
Referred to the Committee on State Planning & Community Affairs.
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JOURNAL OF THE HOUSE,
HB 292. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-19-36 of the Official Code of Georgia Annotated, relating to procedures relative to the filing of a complaint with the administrator of the Office of Fair Employment Practices of an unlawful practice, so as to require the administrator of the Office of Fair Employment Practices to issue periodic status reports with respect to complaints of unlawful practices.
Referred to the Committee on Special Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 171 HB 172 HB 173 HB 174 HB 175 HB 176 HB 177 HB 178 HB 179 HHRR iIsIn?
HHRR \m89
HB 214 HB 215 HB 216 HB 217 HB 218 HB 219 HB 220 HB 221 HR 999
HB 223
HHBB 222245
WR 99fi
HR 1st
HR isfi
HR 187
HR 88 HnoR IlRotQ?
HHRR i1oQn? HR \ll
HR ql
HR ill HR lot
HR qfi HR }ll HR q8
HB 199
HB 22?
HB 228
HB 229
HB 23 "HijBD O2Q3O1
HHBB 233 HB 234
HB 235
HB 236 HB 237
HB 238 HB 239 HB 24
HB 241
HB 200
UR 901
HB 202 HB 203
HHRB oZn0/4i
H nrRs 9zu0o^ HHBB 220067 HB 208 HB 209 HB 210 HB 211 HB 212 HB 213
i_i"Q o>(Q
HH TTTB B} ^92^44[d4uo o/ic
HTTBD 2O4X6T
H ugB 224407 HR 2.4_9 "*J b5 HR 66 HR 68 HR 69 HR 70 HR 71
MONDAY, JANUARY 23, 1989
147
HR 72 SB 4
SB 11 SB 12
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 76 Do Pass HB 96 Do Pass
HB 157 Do Pass HB 210 Do Pass
Respectfully submitted, Is/ Thomas of the 69th
Chairman
Representative Cummings of the 17th 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 House and has instructed me to report the same back to the House with the following recommendations:
HB 42 Do Pass HB 43 Do Pass HB 119 Do Pass HB 120 Do Pass
HB 121 Do Pass HB 142 Do Pass HB 143 Do Pass
Respectfully submitted, /s/ Cummings of the 17th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 7 Do Pass HB 15 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
148
JOURNAL OF THE HOUSE,
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:
SR 4. By Senators Dawkins of the 45th, Allgood of the 22nd and Coverdell of the 40th:
A resolution proposing an amendment to the Constitution so as to provide that all sessions of the General Assembly and all meetings of appointed committees thereof shall be open to the public; to provide for the submission of this amendment for ratification or rejection.
SR 7. By Senator Kidd of the 25th:
A resolution creating the Joint Legislative Committee on Economy, Reorganization, and Efficiency in State Government and providing for the powers and duties of such committee.
SR 24. By Senator Newbill of the 56th: A resolution commending Roswell Presbyterian Church.
By unanimous consent, the following Resolutions of the Senate were read the first time and referred to the committees:
SR 4. By Senators Dawkins of the 45th, Allgood of the 22nd and Coverdell of the 40th:
A resolution proposing an amendment to the Constitution so as to provide that all sessions of the General Assembly and all meetings of appointed committees thereof shall be open to the public; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Rules.
SR 7. By Senator Kidd of the 25th:
A resolution creating the Joint Legislative Committee on Economy, Reorganization, and Efficiency in State Government and providing for the powers and duties of such committee.
Referred to the Committee on Rules.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 78. By Representative Connell of the 87th:
A resolution commending Dr. Francis J. Tedesco and inviting him to appear before the House of Representatives.
HR 79. By Representative Rainey of the 135th:
A resolution inviting Miss Jarret Lee Watson, the 1988 Georgia Watermelon Queen, to appear before the House of Representatives.
The following Resolutions of the House and Senate were read and adopted:
MONDAY, JANUARY 23, 1989
149
HR 80. By Representative Rainey of the 135th:
A resolution commending and recognizing Miss Jarret Lee Watson, the 1988 Georgia Watermelon Queen.
HR 81. By Representatives Chambless of the 133rd, Connell of the 87th and Lee of the 72nd:
A resolution commending Georgia Citizens for the Arts.
HR 82. By Representative Greene of the 130th:
A resolution commending Payne Chapel of Cuthbert, Georgia, for its outstanding programs honoring the memory of Dr. Martin Luther King Jr.
HR 83. By Representatives Ray of the 98th and Jenkins of the 80th: A resolution commending Elizabeth B. Scarborough.
HR 84. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A resolution recognizing the Warner Robbins Clean Community Commission and urging all communities in Georgia to instill a recycling and land preservation ethic.
HR 85. By Representatives Richardson of the 52nd, Williams of the 54th, Baker of the 51st, Lawrence of the 49th, Williams of the 48th and others:
A resolution expressing sympathy at the death of Dr. Gunar N. Bohan.
HR 86. By Representatives Rainey of the 135th, McDonald of the 12th, Murphy of the 18th, Lee of the 72nd, Isakson of the 21st and others:
A resolution supporting the position of the National Rifle Association on restrictive firearms legislation.
SR 24. By Senator Newbill of the 56th: A resolution commending Roswell Presbyterian Church.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 29. By Representative Alien of the 127th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reckless abandonment of a child; to provide for the elements of such offense.
The following Committee substitute was read:
150
JOURNAL OF THE HOUSE,
A BILL
To amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reckless abandonment of a child; to provide for the elements of such offense; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by adding at the end thereof a new Code section, to be designated Code Section 16-5-72, to read as follows:
"16-5-72. (a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of one year commits the offense of reckless abandonment of a child when he willfully and voluntarily physically abandons such child with the intention of severing all parental or custodial duties and responsibilities to such child and leaving such child in a condition which results in the death of said child.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 25 years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Groover of the 99th moves to amend the Committee substitute to HB 29 as follows:
Amend line 16, page 1 by striking "he" and inserting "the person".
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 Abernathy Y ADAMS.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield Benn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y 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 Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B
Cummings.M
Y Davis.C Davis.G Davis.M
Y Dixon.H
Y Dixon.S Dobbs
Y Dover YDunn Y Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson..! Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Moore Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter
MONDAY, JANUARY 23, 1989
151
Y Poston Y Powell
Y Rainey Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith.L Y Smith,?
Smith.T Y Smith.W YSmyre
Y Snow
Y Stancil.F Stancil.S
Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Lupton of the 25th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 100. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veterans license plates, so as to authorize the commissioner to provide for the design of such plates.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
YBeck Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch
Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby
Cummin Cummings.M
Y Davis.C Davis.G
Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam
Y Mobley Moody Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Randall
Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Stancil,S
Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
152
JOURNAL OF THE HOUSE,
Y Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall
Ware
Y Watson Y Watts Y White
Y Wilder Williatns.B
Y Williams,J
Y Yates 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.
Representative Kingston of the 125th 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 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy
Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B
Y Barnett,M YBeck
Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark,L Y Colbert
Y Coleman Colwell Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.C
Davis.G Davis.M
Y Dixon.H Y Dixon,S N Dobbs
Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes
Y Hooks Y Howren Y Hudson
Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Randall
Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S
Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend N Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 162, nays 2. The Bill, having received the requisite constitutional majority, was
MONDAY, JANUARY 23, 1989
153
Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Education:
HB 8. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 99. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
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 clarify when a notice of cancellation shall be sent to the Department of Public Safety; to provide for certain information to be included on notices of cancellation sent to the department.
The following amendment was read and adopted:
Representatives Jackson of the 9th and Crawford of the 5th move to amend HB 99 by adding on line 12 page 1 after the word and symbol "demand;" and before the word "to" the following:
"to allow for the issuance of a restricted driving permit if a person's driver's license has been suspended as a result of failure to respond to a notice from the Department of Public Safety regarding cancellation of insurance coverage or for admitting on such notice that the required insurance coverage is not in effect;"
By adding between lines 5 and 6 of page 3 the following:
"Section 3. Said chapter is further amended by striking subsection (a) of Code Section 33-34-12.3, relating to the issuance of restricted driving permits, in its entirety and inserting in its place a new subsection (a) to read as follows:
'(a) A person whose driver's license has been suspended pursuant to Code Section 33-34-11 or as a result of a conviction under subsection (a^ fb)^ er {} ef Code Section 33-34-12 may apply to the Department of Public Safety for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered to the court adjudicating the offense resulting in the suspension may apply to the Department of Public Safety for a restricted driving permit immediately following the conviction.'"
By striking from line 6 of page 3 the following:
"Section 3.",
and inserting in lieu thereof the following:
"Section 4."
154
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson
Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle 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 Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker assumed the Chair.
HB 107. By Representatives Oliver of the 53rd and Martin of the 26th:
A bill to amend Article 5 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the Executive Probate Judges Council of Georgia, so as to provide that three members from the state at large be elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
Benn Y Birdsong
MONDAY, JANUARY 23, 1989
155
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford
Y Crosby Cummings.B Cummings.M
Y Davis.C Davis.G
Y Davis.M Y Dixon.H
Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Y Jackson, W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley
Moody Moore Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter
Poston Y Powell
Y Rainey Y Randall
Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L
Y Smith.P Smith.T
Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 111. By Representatives Oliver of the 53rd and Smyre of the 92nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition, so as to provide that time spent by a juvenile in secure detention prior to such juvenile's transfer to a youth development center will be counted toward the confinement period issued by the court order.
The following amendment was read and adopted:
The House Committee on Judiciary moves to amend HB 111 by inserting on line 5 of page 1, preceding the word "prior", the following:
"subsequent to the date of the order and".
By inserting on line 21 of page 1, preceding the word "prior", the following: "subsequent to the date of the order and".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd Y Carrell
156
JOURNAL OF THE HOUSE,
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
Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin YIsakson Y Jackson,J Y Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane,R Y Langford 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.B Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Poston Y Powell
Y Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Shnpson Y Sinkfield Y Smith.L Y Smith,P
Smith.T Y Smith.W YSmyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y WilliamsJ
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Wall of the 61st arose to a point of personal privilege and addressed the House.
Representative Goodwin of the 63rd arose to a point of personal privilege and addressed the House.
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 67 Do Pass
Respectfully submitted, Lee of the 72nd Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 67. By Representatives Holmes of the 28th, McKinney of the 35th, McKinney of the 40th, Benn of the 38th and Sinkfield of the 37th:
A resolution commending Dr. Thomas W. Cole, Jr., President of Clark Atlanta University, and inviting him to appear before the House of Representatives.
MONDAY, JANUARY 23, 1989
157
The following communications from the Speaker were received:
House of Representatives Atlanta, Georgia
January 17, 1989
Honorable Tommy Tolbert Representative, District 58 1138 Otello Avenue Clarkston, Georgia 30021
Dear Tommy:
As requested, I am removing you from the Public Safety Committee and placing you on the State Planning and Community Affairs Committee, effective this date.
TBM:lj
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Honorable Ralph Twiggs, Chairman of Public Safety Committee Honorable Dick Lane, Chairman of State Planning and Community Affairs Mr. Paul Lynch, Legislative Fiscal Officer Mr. Sewell Brumby, Legislative Counsel Mr. Glenn Ellard, Clerk of the House House Information Office
House of Representatives Atlanta, Georgia
January 17, 1989
Honorable Karen Irwin Representative, District 13 270 Beaverdam Drive Winterville, Georgia 30683
Dear Karen:
As requested, I am this date removing you from the Retirement Committee and placing you on the Legislative and Congressional Reapportionment Committee, effective this date.
TBM:lj
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Honorable Bill Cummings, Chairman of Retirement Committee Honorable Bob Hanner, Chairman of Legislative and Congressional Reapportionment Committee Mr. Paul Lynch, Legislative Fiscal Officer Mr. Sewell Brumby, Legislative Counsel Mr. Glenn Ellard, Clerk of the House House Information Office
House of Representatives Atlanta, Georgia
January 17, 1989
158
JOURNAL OF THE HOUSE,
Honorable Pete Robinson Representative, District 96 P. O. Box 12 Columbus, Georgia 31902
Dear Pete:
As requested, I am removing you from the Education Committee and placing you on the Insurance Committee, effective this date.
TBM:lj
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Honorable Bill Mangum, Education Committee Chairman Honorable J. Crawford Ware, Insurance Committee Chairman Mr. Paul Lynch, Legislative Fiscal Officer Mr. Sewell Brumby, Legislative Counsel Mr. Glenn Ellard, Clerk of the House House Information Office
The following communication from the Honorable Max Cleland, Secretary of State, 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 persons numbered 566 through 708, who have registered in the Docket of Legislative Appearance as of January 20, 1989, 3:00 p.m. in accordance with Georgia Law 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 20th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-nine and of the Independence of the United States of America the Two Hundred and Thirteenth.
(SEAL)
/s/ Max Cleland Secretary of State
566. Ronald W. Hogan Waste Management, Inc. Waste Management of North America, Inc. Chemical Waste Mgt., Inc. 748 Robinson Farms Drive Marietta, Georgia 30068
567. Betty Sloop Georgia Supporters for The Gifted 3242 Betty Circle Decatur, Georgia 30032
568. Joe A. Cannon American Association of Retired Persons (AARP) Route 5 Blakely, Georgia 31723
569. Richard J. Ingram Citizen Professional Association of Georgia Educators Floyd County Bd. of Education 171 Riverside Parkway, N.E. Rome, Georgia 30161
MONDAY, JANUARY 23, 1989
159
570. Dean G. Auten Agents Action Com., Inc. 6122 Altama Ave. Brunswick, Georgia 31520
571. R. Eugene Ragan Agents Action Com., Inc. Post Office Box 4102 Columbus, Georgia 31904
572. James J. Chokos Agents Action Com., Inc. Post Office Box 14616 Savannah, Georgia 31416
573. Dixie H. Dukes Professional Association of Georgia Educators 2010 Steele Road Griffin, Georgia 30223
574. Harry L. Werner Professional Association of Georgia Educators Locust Grove Elem. School 1727 Griffin Road Locust Grove, Georgia 30248
575. Steve Jones Professional Association of Georgia Educators Post Office Box 1041 Dahlonega, Georgia 30533
576. Madolyn H. Schewe Professional Association of Georgia Educators Post Office Box 431 Gray, Georgia 31032
577. Deborah F. Touchton Professional Association of Georgia Educators 304 East Clinton St. Gray, Georgia 31032
578. James F. Touchton, Jr. Professional Association of Georgia Educators 304 East Clinton St. Gray, Georgia 31032
579. Charles H. Green Citizen Professional Association of Georgia Educators 149 Loumae Road Griffin, Georgia 30223
580. Mrs. Ann Howell Professional Association of Georgia Educators P.O. Box 16 Buena Vista, Georgia 31803
581. Faye Wells Professional Association of Georgia Educators Marion City Elem. School P.O.Box 16 Buena Vista, Georgia 31803
582. Mildred Blackburn Professional Association of Georgia Educators Evans Middle School Evans, Georgia 30809
583. Judy D. Lovell Professional Association of Georgia Educators P.O. Box 61 Cleveland, Georgia 30528
584. Patsy House Professional Association of Georgia Educators Central Elementary School McRae, Georgia 31055
585. Dr. Janie Smallwood Professional Association of Georgia Educators Georgia Association of Curriculum & Instructional Supervision Georgia Association of Educational Leaders 1105 E. College Street Bainbridge, Georgia 31717
586. Charlie L. Roberts, Jr. Professional Association of Georgia Educators Arnold Junior High School 2011 51st Street Columbus, Georgia 31904
587. Martin C. Petersen Oilman Paper Company Post Office Box 878 St. Marys, Georgia 31558
588. D. Jason Bourne Citizen Committee to Elect the Next Governor 1990 Committee to Elect the Next Mayor of Atlanta 1989 Post Office Box 001-1989 Atlanta, Georgia 30335-1989
160
JOURNAL OF THE HOUSE,
589. Wylene V. Hayes Professional Association of Georgia Educators 143 Meadow Drive Forsyth, Georgia 31029
590. Marie C. Webb Professional Association of Georgia Educators Post Office Box 336 Srnarr, Georgia 31086
591. Palmira Braswell Professional Association of Georgia Educators 3016 Paige Drive Macon, Georgia 31211
592. Sherri G. Wells Professional Association of Georgia Educators 8 Peachtree Battle Ave., N.W. Atlanta, Georgia 30305
593. Susan Dalton Professional Association of Georgia Educators 4803 Floyd Road Mableton, Georgia 30080
594. Janice M. Shelnutt Professional Association of Georgia Educators Georgia Library Media Association Georgia Pest Control Assn. 2415-C N. Druid Hills Road, N.E. Atlanta, Georgia 30329
595. Peggy O. Compton Professional Association of Georgia Educators 4803 Floyd Road Mableton, Georgia 30059
596. John Sides Professional Association of Georgia Educators 160 Mclntosh Street Newnan, Georgia 30263
597. Jane Thomas Professional Association of Georgia Educators 2989 Evans Woods Drive Atlanta, Georgia 30340
598. Marie P. Mitchell Professional Association of Georgia Educators 715 McLendon Street Ashburn, Georgia 31714
599. Florence S. Flanders Professional Association of Georgia Educators 1796 Briarlake Circle Decatur, Georgia 30033
600. Carol Williams Hatfield Georgia Federation of Women's Clubs 2038 Surry Lane Jonesboro, Georgia 30236
601. Raquel Romero-Hussey Professional Association of Georgia Educators Ridgeview Middle School 5340 Trimble Road Marietta, Georgia 30066
602. Paul C. Reviere Professional Association of Georgia Educators Lincoln Co. Elem. School P.O. Box 549 Lincolnton, Georgia 30817
603. Dennis P. Tipton Professional Association of Georgia Educators Route 7, Box 97A Baxley, Georgia 31513
604. Manson W. Steuart Professional Association of Georgia Educators League of Independent Fulton Educators 786 Cleveland Avenue Atlanta, Georgia 30315
605. Alien Gossett Georgia Industrial Technology Educators Association Georgia Vocational Association Professional Association of Georgia Educators East Rome High School 1401 Turner McCall Blvd. Rome, Georgia 30161
606. Harry A. Whitley Professional Association of Georgia Educators League of Independent Fulton Educators Ridgeview Middle School 5340 Trimble Road Atlanta, Georgia 30324
MONDAY, JANUARY 23, 1989
161
607. Rod Chatham Professional Association of Georgia Educators League of Independent Fulton Educators 786 Cleveland Avenue, S.W. Atlanta, Georgia 30315
608. Holmes Cunningham Professional Association of Georgia Educators 8 Logwood Lane Newnan, Georgia 30265
609. Joseph John Rogers Procter & Gamble Mfg. Company Post Office Box 1496 Augusta, Georgia 30903
610. Charles C. Cox Professional Association of Georgia Educators 102 Olde Towne Drive Statesboro, Georgia 30458
611. Sherry H. Mosely Professional Association of Georgia Educators 552 Glen Cove Drive Macon, Georgia 31210
612. Victoria P. Goon Professional Association of Georgia Educators 7508 Kiwi Lane Macon, Georgia 31206-7244
613. Wanda R. Hulett Professional Association of Georgia Educators 3298 O'Hara Drive South Macon, Georgia 31206
614. Helen M. Menefee Georgia Enviromental Project 136 Marietta Street, S.W. Atlanta, Georgia 30303
615. Randal Morris Savannah Port Authority Post Office Box 128 Savannah, Georgia 31401
616. Dane C. Ward Professional Association of Georgia Educators Chattanooga Valley Elem. Rt. 1, Chattanooga Valley Rd. Flintstone, Georgia 30725
617. Peggy Stewart Professional Association of Georgia Educators 1308 Highland Avenue Dublin, Georgia 31021
618. Thomas Perry Stewart Professional Association of Georgia Educators 1308 Highland Avenue Dublin, Georgia 31021
619. Myra Elizabeth Torain Citizen 694 Peeples Street Atlanta, Georgia 30310
620. Teicher Lalanne Harden Professional Association of Georgia Educators 1469 B. Gloria Street Griffin, Georgia 30223
621. Linda Sue Rogers Professional Association of Georgia Educators Georgia Library Media Association Eastman Elem. 701 College Street Eastman, Georgia 31023
622. Greg Hunt Professional Association of Georgia Educators 1512 Greet Street Cordele, Georgia 31015
623. William Greenhaw Professional Association of Georgia Educators 3593 Overlook Avenue Macon, Georgia 31204
624. Mrs. Kathy D. Ward Professional Association of Georgia Educators Dodge Elem. School Route 6, Box 332 Eastman, Georgia 31023
625. Mary S. Cook Professional Association of Georgia Educators Federated Garden Clubs of Georgia Box 318 Wrightsville, Georgia 31096
162
JOURNAL OF THE HOUSE,
626. Hazel Bennett Professional Association of Georgia Educators Dodge Elementary School Eastman, Georgia 31023
627. Mrs. Helen Clements Professional Association of Georgia Educators Dodge Elem. School Box 332 Eastman, Georgia 31023
628. Bobby Riley Professional Association of Georgia Educators 1550 Blvd. Drive, N.E. Atlanta, Georgia 30317
629. Jeffrey P. Clifton Professional Association of Georgia Educators Citizen 450 Grady Ave. Fayetteville, Georgia 30214
630. Dorothy Henderson Professional Association of Georgia Educators 990 Shurling Drive Macon, Georgia 31211
631. Nancy W. Hathaway Professional Association of Georgia Educators 4090 Napier Avenue Macon, Georgia 31204
632. Alecia L. Crumbley Professional Association of Georgia Educators 4090 Napier Avenue Macon, Georgia 31204
633. Gary D. Yetter Professional Association of Georgia Educators 8062 Eisenhower Parkway Lizella, Georgia 31052
634. Robert C. Hunt Miller Brewing Company 2849 Paces Ferry Road, #770 Atlanta, Georgia 30339
635. Mary Anne Evans Professional Association of Georgia Educators Dodge Professional Educators 511 Brookwood Drive Eastman, Georgia 31023
636. Faye T. Hamilton Professional Association of Georgia Educators Dodge Professional Educators 1105 5th Avenue Eastman, Georgia 31023
637. Susan E. Dean Professional Association of Georgia Educators Dodge Professional Educators 303 Sheldon Street Eastman, Georgia 31023
638. Frances Edge Professional Association of Georgia Educators Dodge Professional Educators Box 86 Chester, Georgia 31012
639. Dr. Tommy R. Lee Professional Association of Georgia Educators 101 College Street Post Office Box 177 Homerville, Georgia 31634
640. Joseph B. Boland Professional Association of Georgia Educators S. Atlanta Road Smyrna, Georgia 30030
641. Anthony Guisasola Professional Association of Georgia Educators Route 5, Box 199 G Ellijay, Georgia 30540
642. Roy C. Hartley Professional Association of Georgia Educators 140 South Mclntosh St. Elberton, Georgia 30635
643. Elizabeth R. Loftin Professional Association of Georgia Educators 186 Braelinn Court Peachtree City, Georgia 30269
644. Earnest E. Burch Professional Association of Georgia Educators Polk School District Box 128 Cedartown, Georgia 30125
645. VOID
MONDAY, JANUARY 23, 1989
163
646. D. H. (Jack) Brewer Olin Corp. 4363 N. Ocoee Street Cleveland, TN 37312
647. Robert D. Clark Southern Net, Inc. Citizen 8595 Dunwoody Place Atlanta, Georgia 30350
648. William B. Wood Atlanta Convention & Visitors Bureau Georgia Hospitality & Travel Bureau Georgia Automobile Dealers Association Chadwick Road Landfill, Inc. A.E. Staley Co. Farley Industries, Inc. Citicorp Columbia Bank for Cooperatives 2400 First Atlanta Tower Atlanta, Georgia 30383
649. Betty S. Leathers Agents Action Com., Inc. State Farm National Assn. 2690 Lawrenceville Highway Decatur, Georgia 30033
650. John H. Smallwood Georgia Nationwide Ins. Independent Contractors Association Agents Action Committee, Inc. 3746 Chamblee Tucker Road Atlanta, Georgia 30341
651. Coy R. Johnson Lipscomb, Johnson, Miles & Ashway 112 N. Main Street Gumming, Georgia 30130
652. William M. Bates Bates Associates Morehouse School of Med. Interstate Paper Corp. Grady Memorial Hospital Dehart and Darr 161 Spring Street, N.W. Suite 810 Atlanta, Georgia 30303
653. Holly Bates Grady Hospital Interstate Paper Corp. Dehart and Darr Morehouse School of Medicine Bates Associates 161 Spring Street Suite 812 Atlanta, Georgia 30303
654. Dr. Clyde F. Maxwell Professional Association of Georgia Educators Route 2, Comer Road Lexington, Georgia 30648
655. Lewis Monroe Nix Professional Association of Georgia Educators Citizen 650 Pine Forest Drive Athens, Georgia 30606
656. C. Scott Bradbary Professional Association of Georgia Educators Citizen 2360 West Broad Street Apt. H-4 Athens, Georgia 30606
657. Gregory Michael Brown State Bar of Georgia 3101 Cedarcreek Parkway Decatur, Georgia 30033
658. Melvin T. Steely American Association of University Professors West Georgia College History Department Carrollton, Georgia 30118
659. Helga Nehl Association of Eclectic Physicians Informed Health Care Assn. of Georgia, Inc. Citizen 59 Old Rome Road Kingston, Georgia 30145
660. Hinson McAuliffe Georgia Council on Moral and Civic Concerns, Inc. Georgia Baptist Convention 55 Silverwood Road, N.E. Atlanta, Georgia 30342
661. John R. Reineke Waste Management, Inc. 5810 Ashridge Court Stone Mountain, Georgia 30087
164
JOURNAL OF THE HOUSE,
662. Jim Kittrell CSX Transportation 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318
663. Ted H. Meredith Scott Paper Company Post Office Box 2447 Mobile, AL 36652
664. Quinton S. King Georgia Association of Realtors 843 Dalrymple Road Terrace Suite Atlanta, Georgia 30328
665. William W. Holland Residential Services Coalition Mental Health Assoc. Ga. 100 Edgewood Ave., #502 Atlanta, Georgia 30303
666. Laura Jean Meadows Georgia Farm Bureau Federation Post Office Box 7068 Macon, Georgia 31210
667. Denise Kennedy National Solid Wastes Management Association 1730 Rhode Island Ave., #1000 Washington, DC 20036
668. Herb Reese Northside Atlanta Progress Buckhead Business Association Fulton County Economic Advisory Board Buckhead Investment Properties Arc Development Advisory Board Voters for Better Government 3277 Roswell Road, N.E. Suite 127 Atlanta, Georgia 30305
669. J. R. "Jake" Cullens First American Bank Chateau Elan, Ltd. Viking Distillery Glenmore Distilleries Company State Bar of Georgia Georgia House Foundation Etowah Vineyards Atlanta Casualty Company Jones & Granger Barton Brands, Ltd. Habersham Vineyards International Barrier Corp. Box 326 Cartersville, Georgia 30120
670. Norma P. Yucel Physical Therapy Association of Georgia 3104 Lynnray Drive, N.E. Atlanta, Georgia 30340
671. Mildred Walton Georgia Association of Elementary School Principals 1176 Oakcrest Drive Atlanta, Georgia 30311
672. Harold E. Bryant Blue Cross and Blue Shield of Georgia Inc. Post Office Box 7368 Columbus, Georgia 31908
673. Ave Bransford Georgia Dietetic Assn. 6100 Lake Forrest Drive Suite 210 Atlanta, Georgia 30328
674. Freda T. McDonald Citizen 210 Farmbrook Parkway Stockbridge, Georgia 30281
675. Douglas H. Smith Citizen 8442 Willows Terrace Riverdale, Georgia 30274
676. Joseph C. Barto Georgia Retired Officers Association Georgia Federal Military Coalition 3229 Barkside Court Chamblee, Georgia 30341
MONDAY, JANUARY 23, 1989
165
677. TedBrodek Nat'1 Assoc. of Broadcast Employees & Technicians (AFL-CIO) NABT 15 Post Office Box 1711 Decatur, Georgia 30031
678. Tom Tortorici Georgia Abortion Rights Action League 1443D Willow Lake Drive Atlanta, Georgia 30329
679. Edward V. Deaton American Association of Retired Persons Muscogee Retired Cafeteria Mgrs. 6 Adams Park Court Columbus, Georgia 31909
680. Richard H. Barbe Citizen 2537 Lake Flair Circle Atlanta, Georgia 30345
681. David Brian Dillard Citizen National Funeral Directors Association 2604 Country Park Drive Atlanta, Georgia 30080
682. Edward D. Anderson The World of Wonderment, Inc. Citizen 421 Sterling Street, N.E. Atlanta, Georgia 30307
683. Linda P. Farmer Citizen National Firearms Association 1275 Bank Street, S.E. Smyrna, Georgia 30080
684. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Avenue Suite 1008 Atlanta, Georgia 30303
685. J. Brian Munroe HLR Service Corporation 1050 Connecticut Avenue Washington, DC 20036
686. Robert H. Forry Troutman, Sanders, Lockerman & Ashmore 1400 Candler Building Atlanta, Georgia 30043
687. Charles H. Hamblen Georgia Retired Teachers Association Citizen 2564 Lake Flair Circle Atlanta, Georgia 30345
688. Beth Laxton Alzheimers Association Georgia Association of Homes and Services for the Aging 3150 Howell Mill Road, N.W. Atlanta, Georgia 30327
689. Deborah Beards Alzheimer's Association Georgia Association of Homes and Services for the Aging 3150 Howell Mill Road, N.W. Atlanta, Georgia 30327
690. Ed Holcombe Georgia Power Company P.O. Box 4545 Atlanta, Georgia 30302
691. Joyce Brown Senior Citizens Brown Enterprises 582 Blake Ave., S.E. Atlanta, Georgia 30316
692. PJ Russell Georgia Limousine Assoc. Executive Town & Country Serv. 507 Woodlawn Drive Marietta, Georgia 30067
693. Mary Staples Frito-Lay, Inc. P.O. Box 660634 Dallas, TX 75266
694. William J. Morgan Frito-Lay, Inc. 3356 Northhaven Road Dallas, TX 75229
695. Fred A. Kuglin 60 NR Committee Frito-Lay, Inc. 9115 Twelvestone Drive Roswell, Georgia 30076
166
JOURNAL OF THE HOUSE,
696. Lyn D. Paddrik Georgia Beer Wholesalers Association 3015 Piedmont Road Atlanta, Georgia 30305
697. Cynthia Porter Brown Junior League of Atlanta 400 King Road Atlanta, Georgia 30342
698. Francis D. Mangieri CIBA-GEIGY Pharmaceutical 5905 Polo Drive Cumming, Georgia 30130
699. Zelma M. Harrison Citizen 3002 Buford Highway, N.E. Atlanta, Georgia 30329
700. Camellia A. Moore Alternate Life Path Program, Inc. 827 Pryor St. Atlanta, Georgia 30302
701. David C. Weaver Sonat, Inc. P.O. Box 2563 Birmingham, AL 35202
702. Kevin S. King A. L. Williams & Assoc., Inc. The A. L. Williams Corporation 3100 Breckinridge Blvd. Building 1200 Duluth, Georgia 30136
703. Warren N. Loar, III American Association of Retired Persons (AARP) 2238 Pinecliff Drive Atlanta, Georgia 30345
704. Calder F. Pinkston Bibb Distributing Company 4601 Hawkinsville Road Post Office Box 929 Macon, Georgia 31202
705. J. David Nickles Pfizer, Inc. 4360 Northeast Expressway Doraville, Georgia 30340
706. Lauren C. Steele The Coca-Cola Company One Coca-Cola Plaza Atlanta, Georgia 30301
707. William R. Goodell West Point Pepperell, Inc. Georgia-Pacific Corporation John H. Harland Company King & Spalding 2500 Trust Company Tower Atlanta, Georgia 30303
708. Donna McLarin Georgia Electric Membership Corporation 151 Ellis St. Suite 422 Atlanta, Georgia 30303
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, JANUARY 24, 1989
167
Representative Hall, Atlanta, Georgia Tuesday, January 24, 1989
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 Patrick S. Shannon, Pastor, Fairburn United Methodist Church, Fairburn, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 286. By Representatives Walker of the 115th, Hooks of the 116th, Smyre of the 92nd, Lawson of the 9th, Groover of the 99th and others: A bill to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to candidates or campaign committees, so as to prohibit persons acting on behalf of insurers regulated by the Commissioner of Insurance from contributing to political campaigns of candidates for Commissioner of Insurance.
Referred to the Committee on Rules.
HB 293. By Representative Yeargin of the 14th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, providing exemptions from sales and use taxes, so as to exempt as industrial materials certain materials used in the quarrying and manufacturing of granite into items for sale at retail.
Referred to the Committee on Ways & Means.
168
JOURNAL OF THE HOUSE,
HB 294. By Representative Yeargin of the 14th:
A bill to amend an Act creating and incorporating the City of Comer, so as to change the provisions regarding vacancies; to change the description of council districts; to change the provisions regarding the election and terms of the mayor and councilpersons.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 295. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education districts; to provide the manner of electing members of said board; to provide for filling vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 296. By Representative Richardson of the 52nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospital and health care facilities, so as to provide for definitions; to require separate facility licenses for nursing homes; to require satisfactory preliminary criminal records check determinations for employees of nursing homes and provide for conditions and procedures relating thereto.
Referred to the Committee on Health & Ecology.
HB 297. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lowndes County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 298. By Representatives Beck of the 148th, Long of the 142nd, Powell of the 145th, Patten of the 149th, Reaves of the 147th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fourth judge of the superior court of the Southern Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.
HB 299. By Representatives Richardson of the 52nd, Aaron of the 56th, Oliver of the 53rd, Hasty of the 8th, Williams of the 48th and others:
A bill to amend Code Section 16-6-3 of the Official Code of Georgia Annotated, relating to statutory rape, so as to abolish the requirement that the testimony of the victim be corroborated.
Referred to the Committee on Special Judiciary.
TUESDAY, JANUARY 24, 1989
169
HB 300. By Representative Rainey of the 135th:
A bill to amend Code Section 31-6-7 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need requirements, so as to exempt certain renal dialysis machines, equipment, and operations from the applicability of Chapter 6 of Title 31, relating to certificate of need.
By unanimous consent, HB 300 was ordered engrossed.
Referred to the Committee on Health & Ecology.
HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
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 provide for special license plates for commemorating colleges or universities; to provide that applications for such special license plates shall be made to the commissioner.
Referred to the Committee on Motor Vehicles.
HB 302. By Representatives Oliver of the 53rd, Baker of the 51st and Richardson of the 52nd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for qualified domestic relations orders; to provide for definitions; to provide requirements for domestic relations orders to be qualified domestic relations orders; to provide that rights to benefits and benefits themselves under public retirement systems shall be subject to the terms of qualified domestic relations orders.
Referred to the Committee on Judiciary.
HB 303. By Representative Colbert of the 23rd:
A bill to amend an Act establishing a Municipal Court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 304. By Representative Harris of the 84th:
A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change the provisions relating to the compensation and expense allowance of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 305. By Representative Harris of the 84th:
A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to change the annual salary of the coroner of McDuffie County.
Referred to the Committee on State Planning & Community Affairs - Local.
170
JOURNAL OF THE HOUSE,
HB 306. By Representatives Alien of the 127th and Pannell of the 122nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Eastern Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.
HB 307. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County, so as to provide for a secretary for the judge of such court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 308. By Representatives Colwell of the 4th, McDonald of the 12th, Twiggs of the 4th, Benefield of the 72nd, Jackson of the 9th and others:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide services to promote and protect the public safety at certain automobile racing events.
Referred to the Committee on Public Safety.
HB 309. By Representatives Hooks of the 116th, Watson of the 114th and Bargeron of the 108th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to provide that this Code section shall not apply where the total contract price does not exceed $40,000.00.
Referred to the Committee on Industry.
HB 310. By Representatives Richardson of the 52nd, Oliver of the 53rd, Hasty of the 8th, Adams of the 79th, Herbert of the 76th and others:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, so as to redefine what persons are competent and compellable to testify in the courts and tribunals of this state and provide for determinations of credibility; to repeal specifically Code Section 24-9-5, relating to competency of persons without reason.
Referred to the Committee on Judiciary.
HB 311. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to requirements of individual policies of accident and sickness insurance, so as to provide that certain payments for certain services payable under individual policies of accident and sickness insurance shall be paid directly to the provider of such services at the written direction of the insured.
Referred to the Committee on Insurance.
TUESDAY, JANUARY 24, 1989
171
HB 312. By Representative Dunn of the 73rd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that all tangible property shall be appraised and assessed for ad valorem tax purposes solely on the basis of the value of the property under its existing use.
Referred to the Committee on Ways & Means.
HB 313. By Representative Aiken of the 21st:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the servicing, recharging, repairing, testing, inspection, or installation of fire extinguishers and systems; to provide for duties and responsibilities of the Safety Fire Commissioner; to provide for licenses and permits, applications therefor, and renewals thereof.
Referred to the Committee on Public Safety.
HB 314. By Representatives Dixon of the 151st, Crosby of the 150th, Harris of the 84th, Bostick of the 138th and Barnett of the 10th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate motor vehicle service contracts and motor vehicle service contract reimbursement insurance policies; to define certain terms; to prohibit the issuance or sale of motor vehicle service contracts unless the provider of the service contract is insured under a motor vehicle service contract reimbursement insurance policy.
Referred to the Committee on Insurance.
HB 315. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 2 of Title 7 of the Official Code of Georgia Annotated, relating to the credit union deposit insurance corporation, so as to provide procedures and requirements for the adoption or amendment of bylaws of the credit union deposit insurance corporation; to authorize the board of such corporation to provide a membership fee schedule with department approval.
Referred to the Committee on Banks & Banking.
HB 316. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the filling of a vacancy in the office of commissioner of banking and finance; to provide for the appointment of one or more deputy commissioners and additional personnel; to provide for the oath of office to be taken by each deputy commissioner and examiner.
Referred to the Committee on Banks & Banking.
172
JOURNAL OF THE HOUSE,
HB 317. By Representatives Wilder of the 21st, Gresham of the 21st, Langford of the 7th, Alien of the 127th and Robinson of the 96th:
A bill to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment, so as to provide for the imposition of room and board reimbursement fees on certain persons sentenced to confinement in certain county jails and other facilities and for the payment to counties of such fees; to provide for conditions, limitations, and procedures relating to such fees.
Referred to the Committee on Special Judiciary.
HB 318. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th, Foster of the 6th and Padgett of the 86th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain members for service on active duty in the armed forces of the United States during World War II or the Korean Conflict.
Referred to the Committee on Retirement.
HB 319. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd, Porter of the 119th and Robinson of the 96th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons providing workers' compensation benefits.
Referred to the Committee on Industrial Relations.
HB 320. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd, Porter of the 119th, Robinson of the 96th and others:
A bill to amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to affidavits which must accompany complaints alleging professional malpractice, so as to require affidavits in cases of professional negligence.
Referred to the Committee on Judiciary.
HB 321. By Representatives Stephens of the 68th, Thurmond of the 67th and Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a teacher.
Referred to the Committee on Education.
HB 322. By Representative Stephens of the 68th:
A bill to amend Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, so as to require personal or written notice to be given to the defendant and the defendant's attorney of entry of a nolle prosequi.
Referred to the Committee on Special Judiciary.
TUESDAY, JANUARY 24, 1989
173
HB 323. By Representatives McKinney of the 35th, Holmes of the 28th, White of the 132nd, Thomas of the 31st, McKinney of the 40th and others:
A bill to amend Part 3 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authority commissioners, so as to provide for the creation of housing authority overview committees and provide for their duties, composition, organization, compensation, expenses, and allowances.
Referred to the Committee on State Planning & Community Affairs.
HB 324. By Representative Stephens of the 68th:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to authorize college and university campus law enforcement agencies to use speed detection devices on roads and streets traversing their campuses; to provide for definitions; to provide for issuance, suspension, and revocation of permits for the use of such devices.
Referred to the Committee on Public Safety.
HB 325. By Representatives Johnson of the 123rd, Mueller of the 126th, Benn of the 38th and Baker of the 51st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to change the provisions relating to automatic repeal of certain provisions authorizing local boards of education to vary the length of school years under certain circumstances.
Referred to the Committee on Education.
HB 326. By Representatives Poston of the 2nd and Poag of the 3rd:
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 and the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 327. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 328. By Representative Lane of the 27th:
A bill to amend an Act providing an exemption for the full value of the homestead from all valorem taxes levied for Fulton County government purposes for each resident of said county who is 70 years of age or over or disabled, subject to certain income limitations, so as to change the provisions relative to determination of disability.
Referred to the Committee on State Planning & Community Affairs - Local.
180
JOURNAL OF THE HOUSE,
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfleld
Y Smith,L Y Smith.P
Smith.T Y Smith.W Y Smyre
YSnow Y Stancil.F
Y Stancil,S Y Stanley Y Steele Y Stephens
YTeper Thomas.C
Y Thomas.M \ Thompson Y Thurmond
Titus
Y Tolbert Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.
HB 237. By Representatives Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Isakson of the 21st, Ehrhart of the 20th and others:
A bill to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B
Clark.H
Y Clark.L Y Colbert
Coleman Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin Y Isak&on Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore
Y Kingston Y Lane.D
Lane.R Y Langford Y Lawrence
Y Lawson
YLee Y Under YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag
Porter
Y Poston Y Powell
Rainey Y Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield
Y Smith.L Y Smith.P
Smith.T
Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil.S
Y Stanley Y Steele Y Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson Y Thurmond
Titus
Y Tolbert Townsend
YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 152, 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:
TUESDAY, JANUARY 24, 1989
181
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 37. By Senators Peevy of the 48th, Dawkins of the 45th and Dean of the 31st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public.
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.
The Senate has passed by the requisite constitutional majority the following Bill of the House:
HB 41. 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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 37. By Senators Peevy of the 48th, Dawkins of the 45th and Dean of the 31st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public.
Referred to the Committee on Rules.
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.
Referred to the Committee on Health & Ecology.
The following Resolution of the House was read and referred to the Committee on Rules:
182
JOURNAL OF THE HOUSE,
HR 97. By Representatives Pinkston of the 100th, Lucas of the 102nd, Groover of the 99th, Buford of the 103rd and Randall of the 101st: A resolution commending the Honorable Lee Robinson, Mr. Carr Dodson, and Ms. Carolyn Crayton and inviting them to appear before the House of Representatives.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 42. By Representative Buck of the 95th: A bill to amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to payments to the Peace Officers' Annuity and Benefit Fund from fines collected and bonds forfeited and collected in criminal and quasicriminal cases, so as to provide for the filing of certain forms in connection with payments to the fund.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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
Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris
Y Hasty Y Heard Y Herbert Y Hokomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford 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.B
McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall
Ransom Ray Y Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 43. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".
TUESDAY, JANUARY 24, 1989
183
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H
Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings,B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford 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.B
Y McKinney.C
Y Meadows Y Milam
Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith.P
Smith.T
Y Smith,W Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tern assumed the Chair.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 78. By Representative Connell of the 87th:
A resolution commending Dr. Francis J. Tedesco and inviting him to appear before the House of Representatives.
The Speaker assumed the Chair.
Representative Isakson of the 21st arose to a point of personal privilege and addressed the House.
The Speaker Pro Tem assumed the Chair.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
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JOURNAL OF THE HOUSE,
Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
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
Cox
Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis.C
Davis.G
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton Y Hanner
Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Kilgore Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B
McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W YSmyre
YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C
Y Walker,L Y Wall Y Ware Y Watson Y Watts
White
Wilder Y Williams.B Y Williams,J Y Yates 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.
HB 121. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to repeal an Act entitled "To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
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 Cox
Y Crawford Y Crosby Y Cummings.B Y Cumminfs,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs
Y Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel
Y Floyd Y Foster YGodbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner
Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Holmes
Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Kilgore
TUESDAY, JANUARY 24, 1989
189
Kingston YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
Lord
Lucas Y Lupton Y Mangum
Martin Y McCoy
Y McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter
Y Postal Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L YWall
Ware
Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcora Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn
Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark,H Y Clark.L Y Colbert
Coleman Y Colwell
Connell Y Couch
Coi Y Crawford
Crosby Y Cummings.B Y CummingstM Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith,P
Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas,C Y Thomas,M
Y Thompson Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker.L YWall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy.Spkr
190
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 157. By Representatives Ray of the 98th, Pinkston of the 100th, Groover of the 99th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett,M YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
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 Cox Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Y Jackson.W Y Jamieson
Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney,C
Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall
Y Ransom YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 7. By Representative Lane of the 27th:
A bill to amend Code Section 31-31-7 of the Official Code of Georgia Annotated, relating to the repeal of the law providing for the State Boxing Commission and the abolition of such commission, so as to change the date for the termination of such commission and for the repeal of such law.
TUESDAY, JANUARY 24, 1989
191
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop
Y Bostick Y Branch Y Breedlove 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 Y Coleman Y Colwell
Connell Y Couch
Cox Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
YDunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green
Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey
Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder
Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.
HB 15. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
The following Committee substitute was read and adopted:
A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling; to define certain terms; to provide for the appointment of the members of the commission and their powers and duties; to provide for the licensing of promoters, boxers, wrestlers, trainers, managers, seconds, judges, referees, timekeepers, and announcers; to provide for license fees; to require promoters to provide performance bonds; to provide for the suspension or
192
JOURNAL OF THE HOUSE,
revocation of licenses; to require physical examination of professional boxers and to provide for other safety measures for professional boxers and professional wrestlers; to provide safe places for the holding of matches and exhibitions; to restrict certain minors as spectators or contestants; to regulate the sale of tickets; to require financial reports from promoters; to provide that promoters shall pay a business license fee equal to 2 percent of the gross receipts from the sale of tickets for wrestling exhibitions; to provide for state officials at professional boxing matches and wrestling exhibitions; to prohibit certain activities and conduct; to provide civil and criminal penalties; to provide for applicability: to provide for repeal and for the abolition of the State Boxing and Wrestling Commission on a certain date; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety Chapter 31, relating to boxing matches and the State Boxing Commission, and inserting in lieu thereof a new Chapter 31 to read as follows:
"CHAPTER 31
31-31-1. As used in this chapter, the term: (1) 'Commission' means the State Boxing and Wrestling Commission. (2) 'Local license' means any license required to be obtained from a county or
municipality in order to hold a professional boxing match or wrestling exhibition within such county or municipality.
(3) 'Professional boxing match' means an event in the State of Georgia in which boxers compete for a monetary prize and shall include kick boxing or contact karate.
(4) 'Promoter' means a person, firm, or corporation which promotes or conducts a professional boxing match or wrestling exhibition.
(5) 'Wrestling exhibition' means a performance of wrestling skills and techniques by two or more professional wrestlers, to which any admission is charged or which is broadcast or televised, in which the participating wrestlers are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences. 31-31-2. (a) The State Boxing and Wrestling Commission is created which shall have concurrent jurisdiction with county and municipal governments to license the promotion or holding of each professional boxing match and wrestling exhibition promoted or held within this state. (b) The commission shall be composed of seven members appointed by the Governor. The five members of the State Boxing Commission serving on June 30, 1989, shall continue to serve out the terms of office for which they were appointed but shall serve out such terms as members of the State Boxing and Wrestling Commission. The two additional members of the State Boxing and Wrestling Commission shall be appointed for initial terms of two years. Thereafter, all successors shall be appointed for terms of four years. Vacancies shall be filled for the unexpired term under the same procedures and requirements as appointments for full terms. (c) The commission shall elect a chairman from among its own membership for a term of two years and successor chairmen shall hold office for terms of two years. The commission may elect a vice-chairman from its membership for such term as the commission may determine. Any member serving as chairman shall be eligible for successive election to such office by the commission. (d) Each member of the commission shall be reimbursed for expenses and travel as provided for members of various state examining boards in subsection (f) of Code Section 43-1-2. (e) The commission has the authority to license participants in any professional boxing match or wrestling exhibition held in the State of Georgia. No referee, judge, timekeeper, announcer, boxer or boxer's trainer, wrestler, manager, or second may participate in a professional boxing match or wrestling exhibition in this state without a current, unrevoked license issued by the commission. Licenses shall be issued annually
TUESDAY, JANUARY 24, 1989
193
and shall expire on December 31 of each calendar year. Each applicant for a license shall, before a license is issued by the commission, pay to the commission an annual license fee in an amount to be determined by the commission.
(f) The commission has the authority to direct, manage, control, and supervise all professional boxing matches and wrestling exhibitions. It may promulgate and enforce rules and regulations for the holding of professional boxing matches or wrestling exhibitions and for the effective administration of this chapter.
(g) The commission may appoint inspectors as duly authorized representatives of the commission who shall be present at all professional boxing matches and may be present at wrestling exhibitions to see that the rules are strictly observed. An inspector or other duly authorized representative of the commission must be present at the weigh-in and at the ring during the conduct of a boxing match. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing room of the boxers or wrestlers.
(h) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers or wrestlers licensed under this chapter. The commission shall, wherever feasible, designate a physician who is a resident of the county in which the exhibition is to be held.
(i) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings, issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records, and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant thereto.
(j) The commission shall be assigned to the Department of Natural Resources for administrative purposes only, as provided in Code Section 50-4-3, relating to assignments for administrative purposes.
31-31-3. (a) Before any person, firm, or corporation shall promote or hold a professional boxing match within the state, it shall first be necessary to obtain, in addition to any local license that may be required, a state promoter's license from the commission. The applicant shall make application to the commission on a form provided for such purpose by the commission. The application shall be accompanied by a cashier's check made out to the State Boxing and Wrestling Commission in the amount of $150.00, which shall be a nonrefundable fee. The application shall also be accompanied by an additional fee in the form of a certified check in an amount to be determined by the commission.
(b) The chairman of the commission, upon receiving an application for promotion of a professional boxing match and checks along with proof that all required licenses have been issued, shall, within ten days of receiving same, call a meeting of the commission for the purpose of approving or rejecting the application. The application shall also be accompanied by a performance bond in an amount and on such conditions as the commission may require. The commission may accept, on such conditions as it may require, a cash bond or a cashier's check in lieu of a performance bond. At the discretion of the commission, the fee or any portion thereof may be waived if the major portion of the gross receipts of any boxing match goes to charity. The meeting shall be held at a place designated by the chairman within 20 days of the chairman's call.
(c) The commission shall meet on call of the chairman or upon the call of any three members and shall decide by majority vote whether or not to issue any state license requested under this Code section. The commission is authorized to inquire into the financial backing of any professional boxing match and to obtain answers to written or oral questions propounded to the applicant or others associated with such match. The commission shall not issue the requested state license unless:
(1) Any required local license has first been issued to the applicant, which local license remains valid and unrevoked; and
(2) The commission has determined, on the basis of facts submitted or available to it, that no harm to the health, welfare, morals, or safety of the citizens of Georgia will result from the holding of such match.
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JOURNAL OF THE HOUSE,
(d) Notwithstanding any other provisions of this Code section, the commission may deny a license to any person who has been convicted of a felony or any crime involving moral turpitude or who has previously violated any provisions of this chapter.
31-31-4. (a) Before any person, firm, or corporation shall promote or hold a wrestling exhibition within the state, it shall first be necessary to obtain, in addition to any local license that may be required, a state promoter's license from the commission. The applicant shall make application to the commission on a form provided for such purpose by the commission. The application shall be accompanied by a cashier's check made out to the State Boxing and Wrestling Commission in the amount of $150.00, which shall be a nonrefundable fee.
(b) The commission, upon receiving an application for promotion of one or more wrestling exhibitions and application fee along with proof that all required licenses have been issued, shall, within 30 days of receiving same, approve or reject the application. The application shall also be accompanied by a performance bond in an amount and on such conditions as the commission may require. At the discretion of the commission, the fee or any portion thereof may be waived if the major portion of the gross receipts of any wrestling exhibition goes to charity.
(c) The commission is authorized to inquire into the financial backing of any wrestling exhibition promoter and to obtain answers to written or oral questions propounded to the applicant or others associated with wrestling exhibitions conducted by the promoter. The commission shall not issue the requested state license unless:
(1) Any required local license has first been issued to the applicant, which local license remains valid and unrevoked; and
(2) The commission has determined, on the basis of facts submitted or available to it, that no harm to the health, welfare, morals, or safety of the citizens of Georgia will result from the holding of any wrestling exhibitions. (d) Licenses issued under this Code section shall be valid for one year unless suspended or revoked as provided in Code Section 31-31-5. All licenses issued under this Code section shall be renewable annually in the manner prescribed by rules and regulations of the commission upon the payment of a renewal fee as determined by the commission. (e) Notwithstanding any other provisions of this Code section, the commission may deny a license to any person who has been convicted of a felony or any crime involving moral turpitude or who has previously violated any provisions of this chapter.
31-31-5. (a) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, revoke, suspend, or take other disciplinary action against the state license holder for violations of this chapter or rules and regulations of the commission.
(b) The commission may refund any portion of the fee for the state promoter's license for promotion of a professional boxing match in excess of $150.00 in the event the professional boxing match is not held.
(c) The commission shall have the power to suspend temporarily any license until final determination by the commission when in its opinion such action is necessary to protect the public welfare and the best interest of boxing or wrestling. Such suspension may be without advance hearing, but the suspended licensee may apply to the commission for a hearing on the matter to determine if such suspension should be revoked. Such application for a hearing must be in writing and must be received by the commission within 30 days after the date of suspension. Upon receipt of such written request, the commission shall set the matter for hearing within ten days.
(d) In addition to its authority under other provisions of this chapter to suspend or revoke a license, the commission shall have authority to assess fines not to exceed $25,000.00 for each violation of any of the provisions of this chapter or any of the rules or regulations of the commission.
31-31-6. Every contestant competing under the terms of this chapter or regulation of the commission shall be entitled to receive and shall receive a copy of a written contract or agreement approved as to form by the commission binding the promoter or licensee to pry the contestant a certain fixed fee or percentage of the gate receipts.
TUESDAY, JANUARY 24, 1989
195
31-31-7. (a) All professional boxers must be examined by a physician designated by the commission before entering the ring and each such physician shall immediately file with the commission a written report of such examination. The commission may at any time require a licensed boxer to undergo a physical examination, including any neurological or neuropsychological test or procedure. A physician approved by the commission must be in attendance at every professional boxing match and observe the physical condition of the boxers and advise the referee with regard thereto.
(b) (1) It shall be unlawful for any professional boxer to participate or attempt to participate in a boxing match while under the influence of alcohol or any drug.
(2) A professional boxer shall be under the influence of alcohol or a drug for the purposes of paragraph (1) of this subsection if:
(A) A physical examination of the professional boxer provided for by subsection (a) of this Code section reveals that the professional boxer's mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug; and
(B) The physical examination of the professional boxer was made during a period of time beginning not more than six hours prior to the beginning of the boxing match and ending not more than one hour after the completion of the boxing match.
31-31-8. All buildings or structures used or intended to be used for holding or giving professional boxing matches or wrestling exhibitions shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated county area where the building or structure is situated.
31-31-9. No person under the age of 18 years shall participate as a contestant in any professional boxing match or wrestling exhibition.
31-31-10. (a) All tickets of admission to any wrestling exhibition shall have printed clearly upon the face thereof the purchase price of the ticket and no such tickets shall be sold for more than that price. Such tickets shall also have the number of the ticket printed clearly on both ends of the ticket.
(b) Each promoter licensed under this chapter shall, within 72 hours after the conclusion of every wrestling exhibition for which an admission fee is charged and received, furnish to the commission a written report duly verified by the promoter showing the number of tickets issued or sold for such match or exhibition, the amount of the gross receipts or value thereof, and the gross price charged directly or indirectly, no matter by whom received, for the sale, lease, or other exploitation of broadcasting and television rights of such match or exhibition, along with any deductions whatsoever for commissions, brokerage, distribution fees, advertising, or any other expenses, charges, and recoupments in respect thereto and such other matters as the commission may prescribe. In addition, the promoter shall pay to the commission a business license fee of 2 percent of the total gross receipts after deduction of any state, federal or local taxes on such tickets from all tickets sold. The commission shall provide procedures for the payment and collection of such business license fee, the proceeds of which shall be paid into the state treasury.
(c) An inspector or other employee duly authorized by the commission may be present at all wrestling exhibitions and see that the laws and rules of the commission are strictly observed and may also be present at the counting of the gross receipts of all such exhibitions. The inspector or other employee duly authorized by the commission is authorized to assist in the counting of tickets and to take any other action necessary for the administration and enforcement of this chapter. The inspector or other employee duly authorized by the commission shall immediately mail to the commission the official statement of gross receipts received by him from the promoter.
(d) Whenever any promoter fails to pay the business license fee provided in subsection (b) of this Code section or to make a report of any wrestling exhibition within the period prescribed by this chapter or whenever such report is unsatisfactory to the commission, the commission may examine or cause to be examined the books and records of the promoter and subpoena and examine under oath the promoter and other persons as witnesses for the purpose of determining the total amount of its gross receipts for any wrestling exhibition. The failure to pay the business license fee or to
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file a report or the filing of a false or fraudulent report shall be grounds for immediate suspension or revocation of a license.
(e) The financial reports of promoters shall be kept on file in the commission's office and shall be a public record under the provisions of Article 4 of Chapter 18 of Title 50.
31-31-11. (a) (1) It shall be unlawful for any person, firm, or corporation to promote, hold, or participate in any professional boxing match or wrestling exhibition without having first obtained a state license from the commission or to continue to promote, hold, or participate in such match or wrestling exhibition in this state without valid and current state and required local licenses covering such match.
(2) (A) It shall be unlawful for any person, firm, or corporation to make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, radio, television, or advertising device, or by public outcry or proclamation or any other manner or means whatever, any statement concerning the purse, stakes, reward, compensation, or award to be given to any participants in a boxing match or wrestling exhibition which is untrue or fraudulent and which is known or which by the exercise of reasonable care should be known to be untrue or fraudulent.
(B) Nothing in this paragraph shall apply to any visual or sound broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, telecasts, publishes, or prints such advertisement in good faith without knowledge of its false or fraudulent character. (b) Violations of this chapter shall be punished as for a misdemeanor. (c) The commission shall adopt rules and regulations to enforce the provisions of this chapter. The rules of the State Boxing Commission in effect on June 30, 1989, shall continue to be applicable until otherwise changed by the State Boxing and Wrestling Commission created in Code Section 31-31-2. (d) Whenever it shall appear to the commission that a professional boxing match or wrestling exhibition will be held in violation of this chapter, the commission shall immediately submit a complete report of all information available to it to the Attorney General. An action may be brought by this state to enjoin such professional boxing match or wrestling exhibition. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. 31-31-12. (a) This chapter does not apply to amateur boxing or wrestling contests. (b) This chapter does not apply to amateur boxing matches sponsored by the United States of America Amateur Boxing Federation or to amateur wrestling matches sponsored by the United States of America Amateur Wrestling Federation. 31-31-13. This chapter shall stand repealed in its entirety on June 30, 1995, and on that date the State Boxing and Wrestling Commission shall stand abolished."
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:
N Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett,M
YBeck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove 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 Y Coleman Y Colwell Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
TUESDAY, JANUARY 24, 1989
197
Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson.W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Postal Y Powell Y Rainey Y Randall
Y Ransom YRay
Y Reaves Redding
N Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfleld Y Smith,L Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow
Stancil,F Y Stancil.S Y Stanley YSteele Y Stephens Y Teper
Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
YWare Y Watson Y Watts
Y White Y Wilder Y Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 166, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Recreation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 49 Do Pass HB 129 Do Pass
HB 264 Do Pass HB 56 Do Pass, as Amended
Respectfully submitted, /s/ Rainey of the 135th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 34 Do Pass HB 132 Do Pass HB 245 Do Pass
Respectfully submitted, is/ Thomas of the 69th
Chairman
The following Minority Report, concerning HB 245, was received:
Groover of the 99th files a minority report and recommends that a report be made that the bill do not pass.
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JOURNAL OF THE HOUSE,
/s/ Denmark Groover, Jr. Groover of the 99th
Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 101 Do Pass HB 146 Do Pass HB 208 Do Pass
Respectfully submitted, /s/ Jackson of the 9th
Chairman
Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.
WEDNESDAY, JANUARY 25, 1989
199
Representative Hall, Atlanta, Georgia Wednesday, January 25, 1989
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 Ken L. McCoy, Pastor, First Baptist Church, Chickamauga, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 339. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th: A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that retired judges of the probate courts shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies.
Referred to the Committee on Judiciary.
HB 340. By Representatives Byrd of the 153rd, Watson of the 114th and Bargeron of the 108th: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to provide for qualifications of real estate brokers; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia.
Referred to the Committee on Industry.
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HB 341. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances.
Referred to the Committee on Industry.
HB 342. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act reconstituting the board of education of Jones County, so as to change the compensation of the chairman and members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 343. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the state merit system, so as to revise the definition of an interdepartmental transfer; to provide for procedures with respect to such transfer.
Referred to the Committee on Governmental Affairs.
HB 344. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and low-voltage contractors, so as to require applicants for licensure who fail the examination twice to present evidence of completion of a review course before being admitted to a third examination.
Referred to the Committee on Industry.
HB 345. By Representatives Alford of the 57th, Dobbs of the 74th, Bailey of the 72nd, Hanner of the 131st, Crawford of the 5th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain discharges of pollutants into the waters of this state.
Referred to the Committee on Natural Resources & Environment.
HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and deputy registrars.
Referred to the Committee on Governmental Affairs.
WEDNESDAY, JANUARY 25, 1989
201
HB 347. By Representative Parrish of the 109th:
A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to exemptions from taxation.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 348. By Representatives Tolbert of the 58th, Williams of the 48th, McKinney of the 35th, Linder of the 44th, Lawrence of the 49th and others:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipalities, and other political subdivisions, so as to require independent appraisals as a necessary condition for the purchase of real property by political subdivisions and certain public authorities.
Referred to the Committee on Governmental Affairs.
HB 349. By Representatives Aiken of the 21st and Howren of the 20th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to possession, manufacture, distribution, etc., of controlled substances or marijuana, so as to provide that any person who involves a minor in the sale of controlled substances or marijuana shall be guilty of a felony.
Referred to the Committee on Special Judiciary.
HB 350. By Representative Alien of the 127th:
A bill to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions affecting the laws and government of the state, so as to authorize the board of directors of certain authorities to change the name and style under which their authorities operate.
Referred to the Committee on State Planning & Community Affairs.
HB 351. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature.
Referred to the Committee on Governmental Affairs.
HB 352. By Representatives Cox of the 141st, Bargeron of the 108th, Couch of the 36th, Padgett of the 86th, Langford of the 7th and others:
A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency, so as to change a definition; to provide that a defendant's mental retardation may be considered as a mitigating circumstance for purposes of determining whether or not the death penalty should be imposed.
Referred to the Committee on Judiciary.
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HB 353. By Representatives Bargeron of the 108th, Branch of the 137th, Buford of the 103rd, Byrd of the 153rd, Jackson of the 83rd and others:
A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to change certain provisions with respect to payment of fees and costs; to provide for the crime knowingly and willfully making a false statement alleging the paternity of a child.
Referred to the Committee on Judiciary.
HB 354. By Representative Randall of the 101st:
A bill to amend Code Section 9-11-36 of the Official Code of Georgia Annotated, relating to written requests for admissions in civil proceedings, so as to provide that matters admitted or denied in the pleadings shall not need to be admitted or denied in the answers to written requests for admission.
Referred to the Committee on Special Judiciary.
HB 355. By Representative Randall of the 101st:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition in juvenile proceedings, so as to provide that possession of and possession with intent to distribute illegal drugs and trafficking in cocaine, illegal drugs, or marijuana shall be included in the list of designated felony acts in juvenile proceedings.
Referred to the Committee on Special Judiciary.
HB 356. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to control and regulate searches of law offices; to provide for searches and seizures of documentary evidence in the possession of an attorney; to provide for a definition; to provide standards and procedures for the issuance of warrants and the conduct of searches.
Referred to the Committee on Special Judiciary.
HB 357. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to provide that an executor may be given certain powers by application, citation, and order under certain conditions; to provide that the heirs at law, under certain conditions, may authorize the judge of the probate court to waive bond of an administrator and grant certain powers.
Referred to the Committee on Special Judiciary.
HB 358. By Representatives Bishop of the 94th and Ware of the 77th:
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 the Commissioner of Insurance, when performing the rule-making duties of Commissioner of Insurance, shall be subject to the "Georgia Administrative Procedure Act" in addition to other laws.
Referred to the Committee on Insurance.
WEDNESDAY, JANUARY 25, 1989
203
HB 359. By Representative Randall of the 101st:
A bill to amend Code Section 34-9-201 of the Official Code of Georgia Annotated, relating to selection of physicians in workers' compensation cases, so as to authorize the employee to select the physician to provide medical services and treatment; to provide for the situation in which the employer does not allow the employee to select the physician.
Referred to the Committee on Industrial Relations.
HB 360. By Representatives Green of the 106th, Ricketson of the 82nd, Couch of the 36th, Meadows of the 91st and Parham of the 105th:
A bill to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to revise extensively the provisions relating to hunting while intoxicated; to provide for the crime of hunting under the influence of alcohol or drugs; to provide for standards and methods for determining whether or not and to what extent a person is under the influence of alcohol or drugs.
Referred to the Committee on Game, Fish & Recreation.
HB 361. By Representatives Green of the 106th, Ricketson of the 82nd, Couch of the 36th, Meadows of the 91st and Parham of the 105th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps with respect to game and fish, so as to revise certain provisions relating to the suspension of hunting privileges for negligent hunting.
Referred to the Committee on Game, Fish & Recreation.
HB 362. By Representatives Milam of the 81st and Ware of the 77th:
A bill to repeal an Act creating the Mountville Water Authority, so as to provide for a transfer of the assets and obligations of such Authority to the City of LaGrange.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 363. By Representatives Green of the 106th, Ricketson of the 82nd, Couch of the 36th, Meadows of the 91st and Parham of the 105th:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding hunting, so as to prohibit the hunting of game animals or game birds at night; to provide for a definition; to provide for confiscation, forfeiture, and sale of certain property used in such unlawful hunting.
Referred to the Committee on Game, Fish & Recreation.
HB 364. By Representatives Byrd of the 153rd, Green of the 106th and Watson of the 114th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to authorize the performance of hearing tests by a technician as part of a workplace hearing conservation program.
Referred to the Committee on Industry.
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HB 365. By Representative Beck of the 148th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services.
Referred to the Committee on Ways & Means.
HB 366. By Representatives Goodwin of the 63rd, Wall of the 61st, Breedlove of the 60th and Bannister of the 62nd:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relating to hearsay evidence, so as to provide that a child's statement describing an act of sexual conduct or physical abuse shall be admissible under certain circumstances; to require corroborating evidence of such testimony to sustain a criminal conviction.
Referred to the Committee on Judiciary.
HB 367. By Representatives Watson of the 114th and Jackson of the 9th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of providing workers' compensation benefits, so as to change the provisions relating to securities deposit; to provide that certain funds shall be exempt from the securities deposit or surety bond requirements after a certain period of time.
Referred to the Committee on Insurance.
HB 368. By Representative McDonald of the 12th:
A bill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages with respect to unemployment compensation, so as to exclude from consideration as wages certain payments made to an employee during a period of temporary layoff.
Referred to the Committee on Industrial Relations.
HB 369. By Representative McDonald of the 12th:
A bill to amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to authorize the Georgia Firefighter Standards and Training Council to establish and administer a written examination; to require the successful completion of such written examination as a requirement for certification as a firefighter.
Referred to the Committee on Public Safety.
HB 370. By Representatives Cummings of the 17th, Benefield of the 72nd, Robinson of the 96th, Hamilton of the 124th, Moore of the 139th and others:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick- leave for teachers and other personnel, so as to provide that certain absences for religious holidays shall not be charged against sick leave.
Referred to the Committee on Education.
WEDNESDAY, JANUARY 25, 1989
205
HB 371. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the date for holding regular sessions of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 372. By Representative Pinkston of the 100th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of pawnbrokers, so as to revise the definition of pawnbroker to include certain transactions; to provide for the maximum charge to be collected as a lease fee on a motor vehicle purchased by the pawnbroker and leased back to the seller.
Referred to the Committee on Banks & Banking.
HB 373. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing a new charter for the City of Tifton, so as to change the terms of office of the Chairman and Vice-Chairman of the City Commission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 374. By Representatives Smith of the 156th, Rainey of the 135th, McKelvey of the 15th, Moody of the 153rd, Johnson of the 123rd and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from the sales and use tax the sale of fuel, supplies, or equipment for use or consumption aboard licensed commercial shrimping vessels.
Referred to the Committee on Ways & Means.
HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional personnel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.
Referred to the Committee on Education.
HB 376. By Representatives Dixon of the 128th, Hamilton of the 124th, Johnson of the 123rd, Alien of the 127th, Pannell of the 122nd and others:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 377. By Representative Lawson of the 9th:
A bill to amend Chapter 39 of the Official Code of Georgia Annotated, relating to street improvements, so as to increase the amount of the interest rate on street improvement bonds.
Referred to the Committee on Judiciary.
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HB 378. By Representatives Jones of the 71st, Meadows of the 91st, Ware of the 77th and Yates of the 75th:
A bill to amend an Act reincorporating and providing a new charter for the City of Newnan, so as to change the provisions relating to city elections and the election and terms of the mayor and council members; to provide for the time for holding elections and commencement of terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 379. By Representatives Simpson of the 70th, Richardson of the 52nd and Orrock of the 30th:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," so as to redefine certain terms; to change the powers of the State Board of Physical Therapy; to prohibit the use of certain initials after a person's name under certain circumstances.
Referred to the Committee on Health & Ecology.
HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.
Referred to the Committee on Judiciary.
HB 381. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th and Coleman of the 118th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1989, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.
HB 382. By Representatives Aaron of the 56th, Godbee of the 110th and Moultrie of the 93rd:
A bill to amend Code Section 7-3-14 of the Official Code of Georgia Annotated, relating to the maximum loan period, and charges for industrial loans, so as to provide for a maximum annual percentage rate of interest on industrial loans.
Referred to the Committee on Banks & Banking.
HB 383. By Representatives Cummings of the 134th, Randall of the 101st, Alien of the 127th, White of the 132nd, Clark of the 55th and others:
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 require counties and municipal corporations to pay over to the state revenue commissioner 30 percent of all money, currency, or proceeds from forfeited vesting in such counties or municipal corporations; to provide that such sum shall be appropriated to provide rehabilitation for indigent drug abusers.
Referred to the Committee on Special Judiciary.
WEDNESDAY, JANUARY 25, 1989
207
HB 384. By Representatives Aaron of the 56th, Moultrie of the 93rd, Pettit of the 19th, Griffin of the 6th, Godbee of the 110th and others:
A bill to amend Code Section 40-2-61 of the Official Code of Georgia Annotated, relating to special license plates for members of the General Assembly, so as to provide special license plates for retired members of the General Assembly.
Referred to the Committee en Motor Vehicles.
HB 385. By Representatives Cummings of the 134th, Randall of the 101st, Bishop of the 94th, Orrock of the 30th, Thomas of the 31st and others:
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 provide that unemployment benefits shall not be denied full-time cafeteria workers in any elementary school, middle school, or high school in this state.
Referred to the Committee on Industrial Relations.
HB 386. By Representatives Cummings of the 134th, Randall of the 101st, Alien of the 127th, White of the 132nd, Clark of the 55th and others:
A bill to amend Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for prisoner.-,, so as to provide that prisoners who test below the fifth-grade level on standardized reading tests and who are incarcerated for a period of six months or longer shall be required to attend educational instruction.
Referred to the Committee on State Institutions & Property.
HB 387. By Representatives Barnett of the 59th, Goodwin of the 63rd, Breedlove of the 60th and Bannister of the 62nd:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain duties of tax commissioners and the boards of tax assessors with respect to furnishing copies of the county tax digest.
Referred to the Committee on Ways & Means.
HB 388. By Representatives Barnett of the 59th and Bannister of the 62nd:
A bill to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to the marking and equipping of law enforcement vehicles, so as to require that all law enforcement vehicles used to enforce traffic laws be equipped with a flashing or revolving blue light mounted on the roof of the vehicle; to provide exceptions; to provide for a definition; to provide for an effective date and for applicability.
Referred to the Committee on Public Safety.
HB 389. By Representatives Barnett of the 59th, Goodwin of the 63rd, Breedlove of the 60th and Bannister of the 62nd:
A bill to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to the recording of certain deeds and other instruments, so as to require that certain deeds conveying real property must indicate the mailing address of the grantee to which the assessment of ad valorem taxes is to be mailed.
Referred to the Committee on Special Judiciary.
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JOURNAL OF THE HOUSE,
HB 390. By Representatives Pettit of the 19th, Lee of the 72nd and Richardson of the 52nd:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act," so as to change the provisions relating to child welfare services and services to courts.
Referred to the Committee on Human Relations & Aging.
HB 391. By Representatives Dobbs of the 74th, Birdsong of the 104th, Barnett of the 10th and Lane of the lllth:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions of law affecting counties and municipalities, so as to prohibit county and municipal purchases of personal property involving a vendor commitment to repurchase such property; to prohibit consideration of any such repurchase commitment, promise, agreement, or assurance in the evaluation or awarding of bids and proposals.
Referred to the Committee on State Planning & Community Affairs.
HB 392. By Representatives Dobbs of the 74th and Porter of the 119th:
A bill to amend Title 33 of the Official Code of Georgia Annotated; relating to insurance, so as to provide for creation of the Georgia Health Insurance Pool; to provide for a short title.
Referred to the Committee on Insurance.
HB 393. By Representatives Johnson of the 123rd, Randall of the 101st, Breedlove of the 60th and Benn of the 38th:
A bill to amend Chapter 4 of Title 33 of the Official Code of Georgia Annotated, relating to actions against insurance companies, so as to provide that when a claim made pursuant to certain types of insurance policies has not been paid within 30 days of demand, the insurer shall be liable for interest on the liability at the rate of 18 percent per annum.
Referred to the Committee on Insurance.
HB 394. By Representatives Johnson of the 123rd, Mueller of the 126th, Pannell of the 122nd, Randall of the 101st and Hamilton of the 124th:
A bill to amend Code Section 47-2-70 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to authorize certain members to transfer to the Teachers Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 395. By Representatives Johnson of the 123rd, Randall of the 101st, Mueller of the 126th, Hamilton of the 124th and Breedlove of the 60th:
A bill to amend Code Section 32-6-50 of the Official Code of Georgia Annotated, relating to uniform regulations governing erection and maintenance of traffic-control devices, so as to require the Department of Transportation to install such traffic-control devices upon the request of any county or municipal corporation or upon the petition of 500 registered voters residing in the county or municipal corporation affected.
Referred to the Committee on Transportation.
WEDNESDAY, JANUARY 25, 1989
209
HB 396. By Representatives Bannister of the 62nd, Goodwin of the 63rd, Wall of the 61st, Breedlove of the 60th, Holcomb of the 72nd and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to change the number of counts of students enrolled in each instructional program authorized under Article 6; to change certain provisions relating to the calculation of the program adjustment amount for training and experience.
Referred to the Committee on Education.
HB 397. By Representatives Bannister of the 62nd, Goodwin of the 63rd, Breedlove of the 60th, Barnett of the 59th, Green of the 106th and others:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay, so as to revise extensively certain provisions relating to testimony as to a child's description of sexual contact or physical abuse; to provide for conditions with respect to admissibility.
Referred to the Committee on Special Judiciary.
HB 398. By Representatives Bannister of the 62nd, Barnett of the 59th, White of the 132nd, Holcomb of the 72nd, Benefield of the 72nd and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to pupil transportation under the Quality Basic Education Act, so as to change the minimum distance from schools that pupils must live for school systems to qualify for transportation costs.
Referred to the Committee on Education.
HB 399. By Representatives Bannister of the 62nd, Barnett of the 59th, Wall of the 61st, Barnett of the 10th and Athon of the 57th:
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 that the term "proper identification" shall not include any traffic citation and complaint form.
Referred to the Committee on Regulated Beverages.
HB 400. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize certain boards of registrars to correct the list of electors and issue new registration cards upon receipt of actual knowledge that an elector has moved.
Referred to the Committee on Governmental Affairs.
HB 401. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
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 reduce the residency requirement for certain county and municipal offices.
Referred to the Committee on Governmental Affairs.
210
JOURNAL OF THE HOUSE,
HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to prohibit any person holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances.
Referred to the Committee on Motor Vehicles.
HB 403. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise substantially certain provisions relating to restrictions on campaign activities and public opinion polling within the vicinity of polling places or municipal polling places; to change the provisions specifying where such conduct shall be prohibited.
Referred to the Committee on Governmental Affairs.
HB 404. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain identification cards may be used as proper identification for the purpose of registering as an elector or a municipal elector.
Referred to the Committee on Governmental Affairs.
HB 405. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections and primaries, so as to change certain provisions with respect to disclosing how a person voted.
Referred to the Committee on Governmental Affairs.
HB 406. By Representatives Royal of the 144th, Carter of the 146th, Dunn of the 73rd, Reaves of the 147th, Branch of the 137th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide that all tangible property shall be appraised and assessed for ad valorem tax purposes solely on the basis of the value of the property under its existing use.
Referred to the Committee on Ways & Means.
HB 407. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for certain offices shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek office.
Referred to the Committee on Governmental Affairs.
WEDNESDAY, JANUARY 25, 1989
211
HB 408. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require certain write-in candidates to file a copy of the published notice of intent of candidacy with certain election officials; to require certain municipal write-in candidates to file a copy of the published notice of intent of candidacy with certain municipal officials.
Referred to the Committee on Governmental Affairs.
HB 409. By Representative Birdsong of the 104th:
A bill to amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the right of way between motor vehicles, so as to provide for uniform rules of the road relative to the operation of motor vehicles in a funeral procession; to provide the conditions and exceptions under which funeral processions shall have the right of way and the manner of operating vehicles not a part of a funeral procession.
Referred to the Committee on Motor Vehicles.
HB 410. By Representative Carter of the 146th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cook County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 411. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the maximum fine which may be imposed by the judge of the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 412. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the Superior Courts of the Tallapoosa Judicial Circuit.
Referred to the Committee on Judiciary.
HB 413. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
212
JOURNAL OF THE HOUSE,
HR 98. By Representative Mobley of the 64th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Winder an easement upon and under certain real property owned by the State of Georgia and located in Barrow County, Georgia, for the construction, operation, maintenance, repair, replacement, and improvement of certain water service facilities.
Referred to the Committee on State Institutions & Property.
HR 99. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun.
Referred to the Committee on State Institutions & Property.
HR 100. By Representatives Langford of the 7th and Meadows of the 91st:
A resolution proposing an amendment to the Constitution so as to abolish the office of Lieutenant Governor.
Referred to the Committee on Rules.
HR 101. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun.
Referred to the Committee on State Institutions & Property.
HR 102. By Representative Heard of the 43rd: A resolution compensating Mr. John Barrow.
Referred to the Committee on Appropriations.
HR 103. By Representative Carrell of the 65th: A resolution compensating Mr. William B. Sellers.
Referred to the Committee on Appropriations.
HR 104. By Representative Heard of the 43rd: A resolution designating the Joel Cowan Parkway.
Referred to the Committee on Transportation.
HR 105. By Representative Heard of the 43rd: A resolution designating the Floy Farr Parkway.
Referred to the Committee on Transportation.
HR 106. By Representatives Ricketson of the 82nd and Yeargin of the 14th: A resolution creating the House Savannah River Basin Study Committee.
Referred to the Committee on Rules.
WEDNESDAY, JANUARY 25, 1989
213
HR 107. By Representative Buck of the 95th:
A resolution authorizing the State Properties Commission to enter into a boundary line settlement agreement, for and on behalf of the State of Georgia, with a property owner adjacent to the Franklin D. Roosevelt State Park in Harris County, Georgia.
Referred to the Committee on State Institutions & Property.
HR 108. By Representatives Aaron of the 56th, Moultrie of the 93rd, Godbee of the 110th and Tolbert of the 58th:
A resolution creating the House Study Committee on School District Enrollment Options Program.
Referred to the Committee on Rules.
HR 109. By Representative Goodwin of the 63rd: A resolution compensating Ms. Lorraine Strickland.
Referred to the Committee on Appropriations.
HR 110. By Representative Crawford of the 5th: A resolution designating the Juliette Gordon Low Highway.
Referred to the Committee on Transportation.
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 415. By Representatives Crosby of the 150th, Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Coleman of the 118th and others:
A bill to amend Code Section 20-2-292 of the Official Code of Georgia Annotated, relating to sparsity grants under the "Quality Basic Education Act," so as to provide for a continuation of "isolated schools" grants for certain school systems; to provide for matters relative thereto.
Referred to the Committee on Education.
HB 416. By Representative Lucas of the 102nd:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to increase to 5 percent the rate of such tax; to provide that the sale or use of food or medications for human use shall be exempt from such tax.
Referred to the Committee on Ways & Means.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 286 HB 293 HB 294 HB 295 HB 296
HB 297 HB 298 HB 299 HB 300 HB 301
214
JOURNAL OF THE HOUSE,
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HB 305
HB 306
HB 307
HB 308
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Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 216 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Lane of the 27th 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 281 Do Pass HB 283 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:
WEDNESDAY, JANUARY 25, 1989
215
Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 151 Do Pass HB 159 Do Pass
HB 160 Do Pass HR 17 Do Pass
Respectfully submitted, /s/ Buck of the 95th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 281. By Representative Green of the 106th:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 283. By Representative Hudson of the 117th:
A bill to amend an Act providing for the consolidation of the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner of Bleckley County, so as to change the provisions relative to the compensation of the tax commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
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 Bill of the Senate:
SB 53. By Senators Coleman of the 1st, Kennedy of the 4th, Dean of the 31st and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maximum overall length of vehicles and semi-trailers authorized; to provide limitations; to provide a definition.
216
JOURNAL OF THE HOUSE,
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 5. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-524 of the Official Code of Georgia Annotated, relating to filing and allegations of petition to contest a primary or election, so as to change the provisions relating to the time for filing a petition.
SB 8. 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 provide that a grandchild, son-in-law, or daughter-in-law may make application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county.
SB 42. By Senator Kidd of the 25th:
A bill to amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to returns in municipal elections, so as to provide for a recount of the votes upon the petition of any candidate or political party or upon the motion of the superintendent; to provide procedures with respect to such recount in precincts where paper ballots or vote recorders have been used.
HB 31. By Representatives Greene of the 130th and Edwards of the 112th:
A bill to amend an Act creating the Board of Commissioners of Chattahoochee County, so as to change the provisions relating to the compensation of the chairman and members of the board.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 5. By Senator Kidd of the 25th:
A bill to amend Code Section 21-2-524 of the Official Code of Georgia Annotated, relating to filing and allegations of petition to contest a primary or election, so as to change the provisions relating to the time for filing a petition.
Referred to the Committee on Governmental Affairs.
SB 8. 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 provide that a grandchild, son-in-law, or daughter-in-law may make application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county.
Referred to the Committee on Governmental Affairs.
WEDNESDAY, JANUARY 25, 1989
217
SB 42. By Senator Kidd of the 25th:
A bill to amend Article 12 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to returns in municipal elections, so as to provide for a recount of the votes upon the petition of any candidate or political party or upon the motion of the superintendent; to provide procedures with respect to such recount in precincts where paper ballots or vote recorders have been used.
Referred to the Committee on Governmental Affairs.
SB 53. By Senators Coleman of the 1st, Kennedy of the 4th, Dean of the 31st and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as to increase the maximum overall length of vehicles and semi-trailers authorized; to provide limitations; to provide a definition.
Referred to the Committee on Transportation.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 112. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd and Murphy of the 18th:
A resolution urging the Georgia Congressional Delegation to oppose the imposition of a federal tax on motor fuels, with the revenue generated thereby being used for general budgetary purposes.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 210. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to land registration, so as to repeal Code Section 44-2-139, relating to registration and title certificates running with the land; to allow registered land to be defeased by adverse possession; to allow transfers of title made by the last registered owner or said owner's representatives, heirs, or assigns to be valid transfers of title to the land so described.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 101. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-30, relating to issuance of license plates, so as to repeal the authorization for use of a surety bond to purchase 75 percent of a license plate.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
218
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 129. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to state parks, historic sites, and recreational areas, so as to provide for reduced fees for the use of occupancy of such facilities by disabled veterans.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B
Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson
Y Jackson,J Y Jackson, W
Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Under
YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orr
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele
Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Ware Y Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Due to mechanical malfunction, the vote of Representative Orr of the 9th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 64. By Representative Wall of the 61st:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person may be charged with the criminal offense of serious injury by vehicle when such person does serious bodily injury to another while driving recklessly, eluding an officer, or failing to render aid and assistance.
WEDNESDAY, JANUARY 25, 1989
219
The following Committee substitute was read and adopted:
A BILL
To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person may be charged with the criminal offense of serious injury by vehicle when such person does serious bodily injury to another while driving recklessly; 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 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by striking Code Section 40-6-394 in its entirety and substituting in lieu thereof a new Code Section 40-6-394 to read as follows:
"40-6-394. Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 4U-o-o;/u or 4U-o-t?yj-7 relating to drivers witn ability impaired by alconol of drugs, snail be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Aaron N Abernathy Y Adams Y Aiken Y Aiford Y Alien
Athon Y Atkins N Bailey
Y Baker Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett.M N Beck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove N Brooks
Brown YBuck
N Buford YByrd
Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers N Clark.B
Y Clark.H Y Clark.L
Colbert
Y Coleman Colwell
Y Connell Couch Cox
N Crawford Crosby
N Cummings,B N Cummings.M N Davis.C N Davis.G Y Davis.M
Y Dixon.H Y Dixon.S
Y Dobbs Dover
Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel N Floyd N Foster
Y Godbee Y Goodwin Y Green N Greene Y Gresham N Griffin Y Groover
Y Hamilton N Manner Y Harris
Y Hasty Y Heard Y Herbert N Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins
N Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R N Langford Y Lawrence Y Lawson YLee Y Under N Long YLord Y Lucas Y Lupton N Mangum N Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney.C N Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr N Orrock
Y Padgett Y Pannell
Y Parham Y Parrish N Patten N Pettit
Pinkston YPoag Y Porter N Poston N Powell Y Rainey Y Randall Y Ransom
NRay Y Reaves N Redding Y Richardson Y Ricketson Y Robinson N Royal Y Selman Y Simpson
N Sinkfield Y Smith.L Y Smith.P
Y Smith.T Y Smith.W
Smyre YSnow
Stancil.F Y Stancil.S
Y Stanley Y Steele N Stephens Y Teper Y Thomas.C N Thomas.M N Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle
Walker.C
Walker.L Y Wall
Ware
Y Watson Y Watts
White Wilder Y Williams.B Williams.J
Y Yates Y Yeargin
Murphy fSpkr
220
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 115, nays 35. The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 154. By Representatives Watson of the 114th and Kilgore of the 42nd: A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, so as to change certain provisions relating to state minimum standard codes; to change the definition of the term "State minimum standard codes".
The report of the Committee, which was favorable to the 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 Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Barnett.B Y Barnett,M YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark.H Y Clark,L
Colbert Y Coleman
Colwell
Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis,G Y Davis,M
Dixon.H Y Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Fennel
Y Floyd Y Foster YGodbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Y Hasty Heard
Y Herbert Y Holcomb
Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom
Ray Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield
Y Smith.L Y Smith,P
Y Smith.T Y Smith,W Y Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Y Walker.C Y Walker,L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams,B
Williams.J Yates Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 117. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
WEDNESDAY, JANUARY 25, 1989
221
HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th, Lawson of the 9th and Coleman of the 118th:
A bill to amend Article 3 of Chapter 13 of Title 48 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, and accomodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
The following Committee substitute was read:
A BILL
To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, so as to change provisions relating to the levy by counties and municipalities of an excise tax on. charges to the public for rooms, lodgings, and accommodations, so as to create special districts pursuant to Article IX, Section II, Paragraph VI of the Georgia Constitution of 1983; to change the rates at which such tax may be levied by certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized by certain counties and municipalities; to change certain provisions with respect to expending funds collected pursuant to such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to define certain terms; to make certain provisions for holders of obligations contemplated herein; 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 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, is amended by striking Article 3, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations, and inserting in its place a new Article 3 to read as follows:
"ARTICLE 3
48-13-50. It is declared to be the purpose and intent of the General Assembly that: (1) Each county and municipality in this state shall be authorized to levy certain
excise taxes as hereinafter provided in this article; and \ji) 1* unds fee mudc available to trie governing authorities Or counties and munici~
politics tor any public purposes; and {3} (2) Funds be made available for the purposes of promoting, attracting, stimu-
lating, and developing conventions and tourism in the counties and municipalities and for the provision of other local government services. 48-13-50.1. Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographical boundaries of each county, and the territory of each such district shall include all of the territory within the county except territory located within the boundaries of any municipality which imposes an excise tax on charges to the public for rooms, lodgings, and accommodations under this article. 48-13-51. (a) (1) The governing authority of each county and ef each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county or municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for
222
JOURNAL OF THE HOUSE,
value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3) and {4) (3)^ (4), and (5) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings, nor shall the aggregate amount of taxes levied upon the fees or charges for any rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3) and 44) (3K (4), and (5) of this subsection; and in such case the expenditure requirements of paragraph (3) or (4) or (5) of this subsection shall apply instead.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 5 percent, and the aggregate amount of all taxes may be up to 10 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in the each fiscal year during which
under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner.
(4) Notwithstanding any other provision of this subsection, a county having a
population ef mere than 660,000 according te the 1080 decennial census er ny future
auch census (within the territorial limits of the special district located within the
WEDNESDAY, JANUARY 25, 1989
223
county) or a municipality having a population of more than 400,000 according to the 1080 decennial census or atiy future such census may levy a tax under this Code section fer one continuous three-year period at a rate of 6 percent, and the aggregate amount of all taxes during such three-year period may be up to 11 percent except as otherwise provided in this paragraph. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected at a rate ef 6 percent under this paragraph (4)) an amount equal to at least 60 percent of the total taxes collected under this Code section at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. Upon the expiration ef such
reduced te 33 '/a percent, and as an additional requirement at least 16 % percent ef tne tots! 18X69 collected under t/riis Oode section must DC expended, tor trie purpose
terminflte not iflter tns.n JJeccmber ol, ^Ul /, o? tfte Qflte of iinsl psyment of flny county s OF municipality s snflre of funds to? sny domed stsdiuni fsciiity funded m
paragraph (4) at the rate of 6 percent shall terminate upon the levy of a tax at the rate of 7 percent under the provisions of paragraph (5) of this subsection but m any event not later than June 30, 1990. Following seh the termination of a tax under this paragraph (4), any county or municipality which has levied a tax pursuant to this paragraph (4) shall be authorized to levy a tax in the manner and at the rate authorized by any other applicable provisions of this Code section (including but not limited to the provisions of paragraph (5) of this subsection) but shall not thereafter be authorized to again levy a tax under this paragraph (4). If construction ef such domed stfldium fscHity nss not oejjun on OF uefore tne iQ9t dsty of sucn tnree~yeftF period,
graph f4) for a three-year period shall, at the end ef such period, be authorized te tevy a tax in th manner and at the fate authorized by any other applicable provisions ef
paragraph {4}r (5) Notwithstanding any other provision of this subsection, a county (within the
territorial limits of the special district located within the county) or municipality is authorized to levy a tax under this Code section at a rate of 7 percent, and the aggregate amount of all taxes may be up to 12 percent. A county or municipality levying a tax pursuant to this paragraph shall expend an amount equal to at least 51.4 percent of the total taxes collected prior to July 1^ 1990, at the rate of 7 percent and an amount equal to at least 32.14 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if
224
JOURNAL OF THE HOUSE,
a written agreement to provide such support was in effect on January ]_, 1987, and if such facility is substantially completed and in operation prior to July 1^ 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, except that amounts expended for those purposes specified in subparagraphs (C) and ^D) of this paragraph may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (5) shall further expend (in each fiscal year during which the tax is collected under this paragraph (5)) an amount equal to 14.3 percent of the total taxes collected prior to July !_, 1990, at the rate of 7 percent and an amount equal to 39.3 percent of the total taxes collected on or after July I, 1990, at the rate of 7 percent toward funding a multipurpose domed stadium facility. Amounts so expended shall be expended only through a contract originally with the state, a department or agency of the state, or a state authority or through a contract or contracts with some combination of the above. Any tax levied pursuant to this paragraph shall terminate not later than December 31^ 2017, provided that during any period during which there remains outstanding any obligation which is incurred prior to January I, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph (5), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by an authority of the state, shall constitute a contract with the holder of such obligations.
(6) Following the termination of a tax under paragraph (5) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (5) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1} or paragraph (3) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (5) of this subsection.
(7) As used in this Code section, the term 'aggregate taxes' and ^the aggregate amount of all taxes' shall mean all excise taxes, sales and use taxes, and other taxes imposed by a county or municipality, or both, which are imposed directly upon the transactions identified in paragraph (1) of this subsection. The terms 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith. The term 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1^ 1991, and having an initial term of not more than 30 years. The term 'multipurpose domed stadium facility' shall mean a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof.
(&) (8) For purposes of this Code section, a 'private sector nonprofit organization'
shall be a chamber of commerce, a convention and visitors bureau, a regional travel
association, or any other private group organized for similar purposes which is exempt
from federal income tax under Section 501 (c) of the Internal Revenue Code of 1986.
WEDNESDAY, JANUARY 25, 1989
225
For purposes of this Code section, 'state authority' shall mean an authority created by state law which serves a state-wide function including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions or local water and sewer authorities.
(6) (9) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), or (4), or (5) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), er (4), or (5) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), er (4), or (5) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection.
(7) (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraphs paragraph (2), (3), and (4), or (5) of this subsection.
48) (11) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights.
(9) (12) Any action by a local governing authority to increase the tax imposed under this Code section above 3 percent shall become effective no sooner than the first day of the second month following its adoption by the local governing authority, (b) No tax under this article may be levied or collected by a county in ay portion of tnc county HI wnicn tnc tax is Doing levied and collected by & municipality outside the territorial limits of the special district located within the county. 48-13-52. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount due is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from the state sales and use tax under Article 1 of Chapter 8 of this title. 48-13-53. The rate of taxation, the manner of imposition, payment, and collection of the tax, and all other procedures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1, designating Representative Coleman of the 118th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 1 back to
the House with the recommendation that the same Do Pass, by the Ways and Means Committee substitute.
The following amendment was read and lost:
226
JOURNAL OF THE HOUSE,
Representative Holmes of the 28th, et al., move to amend the House Committee on Ways and Means substitute to HB 1 by inserting between "manner, and "In" on line 17 of page 9 the following:
"Any amounts so expended shall be reduced by not less than $10 million to provide funding for economic redevelopment and low and moderate income housing development in areas immediately adjacent to such multipurpose domed stadium facility."
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 Abernathy Y Adams
N Aiken Y Alford Y Alien
Y Athon N Atkins Y Bailey Y Baker Y Balkcom N Bannister Y Barfoot N Bargeron Y Barnett.B
Y Barnett,M NBeck Y Benefield YBenn N Birdsong Y Bishop
N Bostick N Branch N Breedlove Y Brooks Y Brown YBuck
N Buford YByrd N Carrell N Carter Y Chambless Y Chance N Cheeks Y Childers Y Clark,B
N Clark.H N Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox
Y Crawford N Crosby Y Cummings,B N Cummings.M Y Davis.C Y Davis.G N Davis.M
Dixon.H Y Dixon.S N Dobbs Y Dover YDunn Y Edwards
N Ehrhart Y Felton Y Fennel Y Floyd
Foster Y Godbee N Goodwin Y Green Y Greene N Gresham Y Griffin Y Groover
Y Hamilton Y Manner N Harris
Y Hasty Y Heard N Herbert
Y Holcomb N Holland N Holmes Y Hooks
N Howren N Hudson Y Irwin N Isakson Y Jackson,J N Jackson.W N Jamieson N Jenkins
Y Johnson Y Jones Y Kilgore N Kingston Y Lane.D Y Lane.R
N Langford N Lawrence Y Lawson YLee N Linder YLong NLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows N Milam
Y Mobley N Moody N Moore N Morton
Moultrie N Mueller
N Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
N Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston N Powell N Rainey Y Randall Y Ransom
NRay Y Reaves Y Redding Y Richardson N Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L N Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F Y StanciLS
Y Stanley Y Steele N Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond
Y Titus N Tolbert Y Townsend
Y Twiggs N Vaughan Y Waddle
Walker.C Y Walker.L N Wall Y Ware
Y Watson Y Watts Y White N Wilder Y Williams,B
Williams.J N Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 117, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 1, by substitute, was ordered immediately transmitted to the Senate.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 120. By Representatives Johnson of the 123rd, Mueller of the 126th, Kingston of the 125th, Pannell of the 122nd, Dixon of the 128th and others:
A resolution designating Monday, January 30, 1989, as "Savannah Day at the Capitol".
WEDNESDAY, JANUARY 25, 1989
227
HR 121. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A resolution inviting representatives of the City of Albany, Dougherty County, and the Albany Chamber of Commerce to appear before the House of Representatives for the purpose of making a presentation.
HR 122. By Representatives Kingston of the 125th, McDonald of the 12th, Milam of the 81st, Pinkston of the 100th, Davis of the 72nd and others:
A resolution urging the United States Congress to propose an amendment to the United States Constitution providing for a balanced budget; rescinding a request for the calling of a constitutional convention.
HR 123. By Representatives Thomas of the 69th and Simpson of the 70th:
A resolution inviting Coach Mac McWhorter and his family to address the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 124. By Representative Lord of the 107th: A resolution commending Sir Alan Dalton.
HR 125. By Representatives McDonald of the 12th, Edwards of the 112th, Pinkston of the 100th, Lee of the 72nd, Jackson of the 9th and others:
A resolution commending the firefighters of Georgia on their Seventeenth Annual Firemen's Recognition Day.
HR 126. By Representatives Jamieson of the llth and Dover of the llth: A resolution expressing regret at the passing of Benjamin Franklin Cheek, Jr.
HR 127. By Representatives Brooks of the 34th, Williams of the 54th, Abernathy of the 39th, McKinney of the 35th, McKinney of the 40th and White of the 132nd:
A resolution expressing regret at the passing of Mr. Solomon Jackson, Jr.
HR 128. By Representative Royal of the 144th: A resolution expressing regret at the passing of James Weldon Toombs.
HR 129. By Representatives Isakson of the 21st, Wilder of the 21st, Gresham of the 21st, Atkins of the 21st, Aiken of the 21st and others:
A resolution in memory of Honorable John Carl Harrison.
HR 130. By Representative Oliver of the 121st: A resolution expressing regret at the passing of M. D. (Duvon) Waters.
HR 131. By Representative Oliver of the 121st: A resolution expressing regret at the passing of Frank M. Smith.
228
JOURNAL OF THE HOUSE,
HR 132. By Representative Oliver of the 121st: A resolution expressing regret at the passing of Olin P. "Jock" DeLoach.
HR 133. By Representative Oliver of the 121st: A resolution expressing regret at the passing of R. Jack Kennedy.
HR 134. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 40th, McKinney of the 35th and White of the 132nd:
A resolution expressing regret at the passing of Mr. John H. Calhoun, Jr.
HR 135. By Representative Oliver of the 121st: A resolution expressing regret at the passing of H. Frank Laws.
HR 136. By Representatives Brooks of the 34th, Williams of the 54th, Abernathy of the 39th, McKinney of the 35th, McKinney of the 40th and others:
A resolution expressing regret at the passing of Mr. Joseph L. Hankerson.
HR 137. By Representatives Brooks of the 34th, Williams of the 54th, Davis of the 29th, McKinney of the 40th, McKinney of the 35th and others:
A resolution expressing regret at the passing of Mr. Zenas Sears.
HR 138. By Representative Oliver of the 121st: A resolution commending and congratulating Sheriff Romie Waters.
HR 139. By Representative Oliver of the 121st: A resolution commending Ben F. Sikes.
HR 140. By Representative Oliver of the 121st: A resolution commending Maria Middleton.
HR 141. By Representative Oliver of the 121st: A resolution commending Clint Oliver.
HR 142. By Representatives Steele of the 97th, Buck of the 95th, Robinson of the 96th, Bishop of the 94th, Smyre of the 92nd and others:
A resolution commending the W. H. Shaw High School Marching Band.
HR 143. By Representatives Foster of the 6th, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th, Mobley of the 64th and others:
A resolution recognizing, honoring, and commending Honorable Joe T. Wood.
HR 144. By Representative Royal of the 144th: A resolution commending Clifford E. Lee.
WEDNESDAY, JANUARY 25, 1989
229
HR 145. By Representatives Dixon of the 151st and Crosby of the 150th: A resolution commending Officer Kenneth Jones.
HR 146. By Representatives Richardson of the 52nd, Aaron of the 56th, Tolbert of the 58th, Lawrence of the 49th, Teper of the 46th and others:
A resolution commending the DeKalb County Infant Mortality Task Force.
HR 147. By Representative Barnett of the 59th: A resolution commending Brookwood High School.
HR 148. By Representative Cheeks of the 89th: A resolution commending Ray Mercer.
HR 149. By Representative Carter of the 146th: A resolution recognizing the Carolyn Ellis School of Dance.
HR 150. By Representative Colbert of the 23rd:
A resolution congratulating the Roswell Presbyterian Church on its 150th Anniversary.
HR 151. By Representative Watson of the 114th: A resolution commending the Warner Robins High School "Demons".
HR 152. By Representative Watson of the 114th: A resolution commending Timothy and Virginia Lynn (Genny) Dobbs.
HR 153. By Representative Parham of the 105th:
A resolution commending Georgia Military College, a unique public military educational institution.
HR 154. By Representatives Tolbert of the 58th, Oliver of the 53rd, Richardson of the 52nd, Lawrence of the 49th, Davis of the 45th and others:
A resolution honoring Mr. Elias Nour.
HR 155. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending the Deerfield-Windsor School Lady Knights Basketball Team.
HR 156. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending Charles Jason Willcox.
HR 157. By Representatives Richardson of the 52nd, Aaron of the 56th, Tolbert of the 58th, Teper of the 46th, Alford of the 57th and others:
A resolution commending the DeKalb County Task Force on AIDS.
230
JOURNAL OF THE HOUSE,
HR 158. By Representatives Richardson of the 52nd, Aaron of the 56th, Lawrence of the 49th, Tolbert of the 58th, Teper of the 46th and others:
A resolution commending the City of Decatur for its "Animal Crackers" after-school care program.
HR 159. By Representatives Richardson of the 52nd, Aaron of the 56th, Williams of the 48th, Linder of the 44th, Tolbert of the 58th and others:
A resolution commending the DeKalb County Police Emergency Services Unit.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
THURSDAY, JANUARY 26, 1989
231
Representative Hall, Atlanta, Georgia Thursday, January 26, 1989
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 Larry H. Williams, Pastor, Zion Hill Baptist Church, Atlanta, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 414. By Representative Lane of the 27th: A bill to amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973," so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
Referred to the Committee on State Planning & Community Affairs.
HB 417. By Representative Robinson of the 96th: A bill to amend Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the student incentive grant program, so as to provide that students attending certain accredited proprietary institutions of higher education shall be eligible to apply for student incentive grants; to prescribe certain qualifications relative to schools and students; to increase the maximum amount of the grant.
Referred to the Committee on University System of Georgia.
232
JOURNAL OF THE HOUSE,
HB 418. By Representatives Jackson of the 83rd, Green of the 106th and Hudson of the 117th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that all tangible property shall be appraised and assessed for ad valorem tax purposes solely on the basis of the value of the property under its existing use.
Referred to the Committee on Ways & Means.
HB 419. By Representative Goodwin of the 63rd:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions applicable to Georgia income taxation, so as to provide for certain individuals a deduction from gross income of the amount saved, plus earnings thereon, toward the first-time purchase of a home within the State of Georgia.
Referred to the Committee on Ways & Means.
HB 420. By Representatives Reaves of the 147th, Johnson of the 123rd, Branch of the 137th, Moore of the 139th, Jamieson of the llth and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the development and enhancement of aquaculture; to provide a short title; to provide for definitions; to create the Aquaculture Development Commission.
Referred to the Committee Agriculture and Consumer Affairs.
HB 421. By Representatives Jackson of the 9th, Murphy of the 18th, Coleman of the 118th, Orr of the 9th, Lawson of the 9th and others:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, so as to change the provisions relative to the preparation of said equalized adjusted school property tax digest by the state auditor.
Referred to the Committee on Ways & Means.
HB 422. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 423. By Representatives Royal of the 144th, Crosby of the 150th, Godbee of the 110th, Reaves of the 147th, Greene of the 130th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation in general, so as to provide for pro rata partial refunds of state sales and use tax and state second motor fuel tax to persons who are entitled to federal refunds of federal excise taxes paid on diesel fuel during a certain period; to provide for claims and procedure.
Referred to the Committee on Ways & Means.
THURSDAY, JANUARY 26, 1989
233
HB 424. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to hunting seasons and bag limits, so as to provide requirements relative to the hunting season for turkey gobblers.
Referred to the Committee on Game, Fish & Recreation.
HB 425. By Representatives Greene of the 130th, Colbert of the 23rd, Couch of the 36th, Chambless of the 133rd, Holcomb of the 72nd and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to crimes involving dangerous instrumentalities and practices, so as to make it a felony to knowingly and intentionally destroy or injure a police horse.
Referred to the Committee on Judiciary.
HB 426. By Representatives Greene of the 130th and Bostick of the 138th:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of appearance bond, so as to provide that the sheriff and the clerk of the superior court be given prior notice of hearings held on applications for remission of bonds.
Referred to the Committee on Special Judiciary.
HB 427. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Code Section 45-12-132 of the Official Code of Georgia Annotated, relating to contracts which are exempt from certain requirements relating to state contracts, so as to provide that contracts approved by the State Board of Technical and Adult Education shall be exempt from such requirements.
Referred to the Committee on Education.
HB 428. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, so as to provide for staggered terms of office of the members of the board.
Referred to the Committee on Education.
HB 429. By Representatives Buck of the 95th, Twiggs of the 4th, Dunn of the 73rd, McKinney of the 40th, Davis of the 29th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income for purposes of Georgia income taxation, so as to provide that retirement benefits from local peace officers' retirement systems shall not be included in Georgia taxable net income.
Referred to the Committee on Ways & Means.
234
JOURNAL OF THE HOUSE,
HB 430. By Representative Twiggs of the 4th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the membership of the council; to provide for initial and regular terms of office.
Referred to the Committee on Public Safety.
HB 431. By Representatives Godbee of the 110th, Kilgore of the 42nd, Birdsong of the 104th, Murphy of the 18th, Foster of the 6th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, so as to provide for loads to extend beyond the rear of the vehicle under certain circumstances.
Referred to the Committee on Transportation.
HB 432. By Representative Buford of the 103rd:
A bill to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for detection or apprehension of perpetrators of felonies, so as to authorize county and municipal governing authorities to offer rewards in felony cases.
Referred to the Committee on Judiciary.
HB 433. By Representative Aaron of the 56th:
A bill to amend Code Section 7-3-14 of the Official Code of Georgia Annotated, relating to maximum loan amount, period, and charges for small loan companies, so as to require licensees to inform borrowers that the purchase of insurance is voluntary; to require a notice on the face of the insurance agreement.
Referred to the Committee on Banks & Banking.
HB 434. By Representative Poag of the 3rd:
A bill to repeal an Act providing for the continued existence of the Board of Education of Murray County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 435. By Representatives Adams of the 79th, Holland of the 136th and Buck of the 95th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, and conditioned air contractors, so as to provide for the issuance of statewide licenses to certain persons previously engaged in the vocations of electrical contractor, plumber, conditioned air contractor, or low-voltage contractor without the requirement of a licensing examination.
Referred to the Committee on Industry.
THURSDAY, JANUARY 26, 1989
235
HB 436. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A bill to amend Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain departments in the Employees' Retirement System of Georgia, so as to provide for membership for certain officials and employees of the judicial branch of state government.
Referred to the Committee on Retirement.
HB 437. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th, Lucas of the 102nd, Pettit of the 19th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that insurers shall make available appropriate reductions in premiums paid for certain motor vehicle insurance coverages for persons successfully completing defensive driving courses through driver improvement clinics; to provide for rules and regulations.
Referred to the Committee on Insurance.
HB 438. By Representatives Godbee of the 110th, Kilgore of the 42nd and Murphy of the 18th:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight limitations for vehicles and loads, so as to ensure that Georgia's provisions for weight limitations on tandem axles shall continue to agree with the federal definition; to permit Georgians to be competitive with other states.
Referred to the Committee on Transportation.
HB 439. By Representative Robinson of the 96th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of ad valorem taxation of property, so as to provide for an exception for personal property exemption.
Referred to the Committee on Ways & Means.
HB 440. By Representatives Jackson of the 9th, Mangum of the 57th, Athon of the 57th and Dover of the llth:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to expenses and per diem of members of county boards of education, so as to authorize county boards of education to provide group medical and dental insurance for its members and provide conditions and limitations relating thereto.
Referred to the Committee on Education.
HB 441. By Representatives Porter of the 119th and Birdsong of the 104th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to authorize creditable service for certain service as a state court judge.
Referred to the Committee on Retirement.
236
JOURNAL OF THE HOUSE,
HB 442. By Representative Porter of the 119th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state.
Referred to the Committee on Ways & Means.
HB 443. By Representative Porter of the 119th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal court, so as to provide jurisdiction to probate and municipal courts to try traffic offenses under state law in any county which has a city, county, or state court.
Referred to the Committee on Judiciary.
HB 444. By Representatives Porter of the 119th, Moore of the 139th, Pinkston of the 100th, Parham of the 105th, Jamieson of the llth and others:
A bill to amend Article 6 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions concerning the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to the exemption of funds from attachment, garnishment, etc.; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income with respect to state income taxes.
Referred to the Committee on Retirement.
HB 445. By Representative Poag of the 3rd:
A bill to amend an Act providing for the Magistrate Court of Murray County, so as to change the compensation of the chief magistrate and magistrates.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 446. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to change the provisions relating to the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 447. By Representatives McKinney of the 35th and McKinney of the 40th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for the operation of pari-mutuel racetracks in each county of this state, provided that the operation of parimutuel racetracks is approved by the voters of any such county in a referendum election.
Referred to the Committee on Industry.
THURSDAY, JANUARY 26, 1989
237
HB 448. By Representatives Walker of the 85th, Ransom of the 90th, Alien of the 127th and Cummings of the 134th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to require the clerks of the superior and state courts to invest certain funds paid into the court by any party to be held in escrow by the clerk for the benefit of that party; to provide that the clerk shall be personally liable for interest on funds not so invested.
Referred to the Committee on Judiciary.
HB 449. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to school systems that qualify for middle school grants.
Referred to the Committee on Education.
HB 450. By Representative Birdsong of the 104th:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change the tax rate applicable to certain intangible property; to provide for a definition; to remove the limit on the maximum amount of intangible recording tax payable: to provide for taxation of instruments.
Referred to the Committee on Ways and Means.
HR 111. By Representatives Selman of the 32nd, McKinney of the 35th, Moore of the 139th, McKinney of the 40th, Lane of the 27th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law conditioned on approval in a referendum for the reduction of the mill limitation in effect for a local school system.
Referred to the Committee on Ways & Means.
HR 113. By Representatives Redding of the 50th, McKelvey of the 15th, Dunn of the 73rd and Tolbert of the 58th:
A resolution creating the House Radon Gas Study Committee.
Referred to the Committee on Rules.
HR 114. By Representative Smith of the 16th: A resolution compensating Ms. Martha Bagwell.
Referred to the Committee on Appropriations.
HR 115. By Representatives Jackson of the 83rd and Ricketson of the 82nd:
A resolution providing that for state purposes the lake in northeastern Georgia will continue to be designated as the Clarks Hill Lake, Clarks Hill Reservoir, or Clarks Hill Area.
Referred to the Committee on Natural Resources & Environment.
238
JOURNAL OF THE HOUSE,
HR 116. By Representative Reaves of the 147th:
A resolution compensating Mr. Richard Rutter on behalf of Ms. Valerie A. Rutter.
Referred to the Committee on Appropriations.
HR 118. By Representatives Walker of the 85th, Padgett of the 86th, Ransom of the 90th and Connell of the 87th:
A resolution compensating Ms. Paula F. Curtis.
Referred to the Committee on Appropriations.
HR 119. By Representatives McKinney of the 35th and McKinney of the 40th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the definition, operation, and regulation of pari-mutuel dog and horse racing and pari-mutuel wagering in counties of this state wherein such activities are approved in a referendum thereon.
Referred to the Committee on Industry.
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 452. By Representatives Hamilton of the 124th, Holcomb of the 72nd, Herbert of the 76th, Hasty of the 8th, Dover of the llth and others:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the employee benefit plan council, so as to change certain definitions; to provide for certain rule-making authority of such council; to provide that public school teachers and public school employees shall be eligible for participation in such flexible employee benefit plan.
Referred to the Committee on Governmental Affairs.
HB 453. By Representatives Padgett of the 86th and Watts of the 41st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Board of Taxidermy Examiners; to provide for definitions; to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps pertaining to game and fish, so as to repeal those provisions relating to taxidermy.
Referred to the Committee on Game, Fish & Recreation.
By unanimous consent, the following Bills and Resolutions of the House and Senate: were read the second time:
HB 339 HB 340 HB 341 HB 342 HB 343 HB 344
HB 345 HB 346 HB 347 HB 348 HB 349 HB 350
THURSDAY, JANUARY 26, 1989
239
HB 351 HB 352 HB 353 HB 354 HB 355 HB 356 HB 357 HB 358 HB 359 HB 360 HB 361 HB 362 HB 363 HB 364 HB 365 HB 366 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HB 376 HB 377 HB 378 HB 379 HB 380 HB 381 HB 382 HB 383 HB 384 HB 385 HB 386 HB 387 HB 388 HB 389 HB 390 HB 391
HB 392 HB 393 HB 394 HB 395 HB 396 HB 397 HB 398 HB 399 HB 400 HB 401 HB 402 HB 403 HB 404 HB 405 HB 406 HB 407 HB 408 HB 409 HB 410 HB 411 HB 412 HB 413 HB 415 HB 416 HR 98 HR 99 HR 100 HR 101 HR 102 HR 103 HR 104 HR 105 HR 106 HR 107 HR 108 HR 109 HR 110 SB 5 SB 8 SB 42 SB 53
Representative Holmes of the 28th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 62 Do Pass, by Substitute HB 63 Do Pass
HB 59 Do Pass
HB 66 Do Pass HB 72 Do Pass, by Substitute
HB 113 Do Pass
Respectfully submitted, Is/ Holmes of the 28th
Chairman
240
JOURNAL OF THE HOUSE,
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 58 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 House and has instructed me to report the same back to the House with the following recommendations:
HB 175 Do Pass HB 176 Do Pass HB 178 Do Pass HB 181 Do Pass
HB 183 Do Pass HB 205 Do Pass HB 206 Do Pass, as Amended
Respectfully submitted, /s/ Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 57 Do Pass HB 106 Do Pass
HB 191 Do Pass, as Amended HB 192 Do Pass
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 Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
THURSDAY, JANUARY 26, 1989
241
HB 286 Do Pass HR 97 Do Pass HR 12 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th 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 270 Do Pass HB 297 Do Pass
HB 304 Do Pass HB 305 Do Pass
HB 307 Do Pass HB 326 Do Pass HB 327 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 270. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act providing for a new charter for the Town of Martin, so as to change certain provisions relating to the election of the mayor; to change certain provisions relating to the taking of office by certain municipal officers.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 297. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lowndes County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
242
JOURNAL OF THE HOUSE,
HB 304. By Representative Harris of the 84th:
A bill to amend an Act creating a three-memher board of commissioners for McDuffie County, so as to change the provisions relating to the compensation and expense allowance of 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 305. By Representative Harris of the 84th:
A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to change the annual salary of the coroner of McDuffie 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 307. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County, so as to provide for a secretary for the judge of such court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 326. By Representatives Poston of the 2nd and Poag of the 3rd:
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 and the clerk of the superior court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 327. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
THURSDAY, JANUARY 26, 1989
243
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for landdisturbing activities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances.
SB 25. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.
By unanimous consent, the following Bills of the Senate were introduced, read the first time and referred to the committee:
SB 1. By Senator Foster of the 50th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Mountain Protection Act"; to provide a system of regulation of and permitting for landdisturbing activities in certain mountain areas of the state; to define terms; to state legislative findings and legislative intent; to direct local governments to prepare and adopt land use plans and ordinances.
Referred to the Committee on Natural Resources & Environment.
SB 25. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.
Referred to the Committee on Judiciary.
244
JOURNAL OF THE HOUSE,
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 17. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Connell of the 87th, McDonald of the 12th 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 Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown Y Buck Y Buford Y Byrd Y Carrell
Y Carter Y Chambless
Y Chance Cheeks
Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Colberi Y Coleman
Colwell
Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cumminga.B
Y Cummings,M Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster
Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Hooks
Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D
Y Lane.R Y Langford
Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Y Moore Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Pettit Pinks ton
YPoag Y Porter Y Poston
Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves
Redding
Y Richardson Y Ricketaon Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith,?
Smith.T Y Smith.W
Y Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Steele
Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Titus
Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams.J Y Yates
Y Yeargin Murphy,Spkr
On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HB 159. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Stephens of the 68th, Cheeks of the 89th and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to specifically include the board of regents and all units of the university system in the definition of state agencies participating in the program and authorized to make deductions from the salaries or wages of their employees.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, JANUARY 26, 1989
245
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark,B
Y Clark.H Clark.L Colbert
Y Coleman Colwell Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Manguni
Martin Y McCoy
McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Pinks ton YPoag Y Porter Y Poston Powell Y Rainey Y Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tern assumed the Chair.
HB 160. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the authorization and applicability of the state student incentive grant program, so as to remove the maximum amount of the grant and authorize the board of directors of the Georgia Student Finance Authority to establish the maximum award subject to state appropriations.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark,L
Colbert Y Coleman
Y Colwell Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G
246
JOURNAL OF THE HOUSE,
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart
Felton
Y Fennel Y Floyd Y Foster Y Godbee YGoodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover
Hamilton Y Hanner Y Harris
Y Hasty
Heard Y Herbert Y Holcomb
Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawrence
Y Lawson Y Lee Y Linder
Y Long
Y Lord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody
Moore Y Morton
Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orr
Y Orrock
Y Padgett Y Pannell Y Parham
Y Parrish
Y Patten Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell Y Rainey Y Randall
Y Ransom Y Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L
Y Smith.P
Smith.T Y Smith,W Y Smyre
Y Snow
Y Stancil.F Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson
Y Watts
White Y Wilder Y Williams.B
Y Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative 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 120 Do Pass
Respectfully submitted, Is,/ Lee of the 72nd
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 292 Do Pass HB 322 Do Pass, by Substitute
Respectfully submitted, M Randall of the 101st
Chairman
Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:
THURSDAY, JANUARY 26, 1989
247
Mr. Speaker:
Your Committee on State Institutions & Property 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 94 Do Pass, as Amended HB 271 Do Pass
Respectfully submitted, /s/ Colwell of the 4th
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 123. By Representatives Thomas of the 69th and Simpson of the 70th:
A resolution inviting Coach Mac McWhorter and his family to address the House of Representatives.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 34. By Representative Alien of the 127th:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Annotated, relating to motions for a new trial, so as to provide that where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court shall, except in cases where the death penalty is imposed, grant an extension of time of at least 90 days for the preparation and filing of the transcript.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy N Adams N Aiken N Alford Y Alien Y Athon
N Atkins N Bailey Y Baker
Balkcom N Bannister N Barfoot N Bargeron Y Barnett.B N Barnett,M YBeck N Benefield
Benn N Birdsong Y Bishop N Bostick N Branch N Breedlove Y Brooks Y Brown
Buck Y Buford NByrd N Carrell N Carter N Chambless Y Chance N Cheeks N Childers Y Clark.B N Clark.H Y Clark,L
Colbert N Coleman N Colwell
Connell
N Couch Cox
Y Crawford
N Crosby N Cummings,B Y Cummings,M N Davis.C
Y Davis.G Y Davis.M N Dixon.H
Y Dixon.S
N Dobbs Dover
Y Dunn Edwards
N Ehrhart
N Felton Y Fennel N Floyd N Foster
N Godbee N Goodwin N Green Y Greene N Gresham N Griffin
N Groover Y Hamilton N Hanner N Harris Y Hasty N Heard
N Herbert N Holcomb Y Holland Y Holmes
N Hooks N Howren N Hudson Y Irwin N Isakson
N Jackson,J Jackson.W Jamieson
N Jenkins Y Johnson N Jones N Kilgore Y Kingston N Lane.D N Lane.R N Langford Y Lawrence Y Lawson NLee Y Linder N Long
Lord Y Lucas Y Lupton N Mangum Y Martin
N McCoy N McDonald N McKelvey Y McKinney.B Y McKinney.C N Meadows Y Milam N Mobley N Moody N Moore N Morton N Moultrie Y Mueller N Oliver.C Y Oliver.M NOrr Y Orrock
Y Padgett Y Pannell N Parham N Parrish N Patten Y Pettit
Pinkston
NPoag N Porter
248
JOURNAL OF THE HOUSE,
N Poston
N Powell N Rainey Y Randall N Ransom NRay Y Reaves
Redding Y Richardson N Ricketson
N Robinson N Royal Y Selman Y Simpson Y Sinkfield Y Smith.L
Y Smith.P Smith.T
N Smith.W Y Smyre
YSnow Y Stancil.F N Stancil.S
Stanley N Steele Y Stephens
Y Teper Y Thomas.C Y Thomas.M N Thompson
Y Thurmond
Y Titus N Tolbert Y Townsend
Twiggs N Vaughan
N Waddle Y Walker.C N Walker.L
N Wall
Y Ware
N Watson N Watts
White Wilder Y Williams.B
Y WilliamsJ N Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 67, nays 94. The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Alien of the 127th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 34.
HB 110. By Representatives Watson of the 114th, Murphy of the 18th, Walker of the 115th, Edwards of the 112th, McDonald of the 12th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame; to provide for a board and its membership; to provide for reimbursement for expenses incurred by members of the board; to provide for personnel, space, equipment, and supplies.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett.M YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove
Y Brooks Y Brown
Buck Y Buford
Byrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G
Davis.M Y Dixon.H Y Dixon.S
Dobbs
Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morion Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter Y Poston
Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley
Y Steele Y Stephens
Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy.Spkr
THURSDAY, JANUARY 26, 1989
249
On the passage of the Bill, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
HB 245. By Representatives Robinson of the 96th, Thomas of the 69th, Moultrie of the 93rd, Ware of the 77th, Milam of the 81st and others:
A bill to amend Code Section 14-2-86 of the Official Code of Georgia Annotated, relating to rights and options to purchase shares, so as to provide that a board of directors may determine the terms and conditions of issuance and exercise of rights, options, or warrants; to provide that the term of such rights, options, or warrants may include restrictions or conditions that preclude or limit the exercise, transfer, or receipt of, or invalidate or void, any such rights, options, or warrants.
The following amendment was read:
Representatives Morton of the 47th, Ehrhart of the 20th, Davis of the 45th, Alien of the 127th and Lawrence of the 49th move to amend HB 245 by adding at the end of Section 2 the following:
"The provisions of this Act shall not be interpreted so as to validate or invalidate any rights plan adopted prior to January 24, 1989, nor shall the provisions of this Act be interpreted so as to affect any pending lawsuit with respect to any such plan; and furthermore, any authority granted by this Act shall not apply to a corporation, shares, rights, warrants, or options which were the subjects of a tender offer made prior to this Act."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Aaron Y Abernathy N Adams Y Aiken N Alford
Y Alien Athon
N Atkins N Bailey N Baker N Balkcom
N Bannister N Barfoot N Bargeron N Barnett,B Y Barnett.M NBeck N Benefield
Benn Birdsong Y Bishop N Bostick N Branch N Breedlove
Y Brooks Y Brown
NBuck N Buford NByrd N Carrell Y Carter N Chambless
N Chance Y Cheeks N Childers Y Clark.B N Clark.H Y Clark.L
Colbert Coleman N Colwell N Connell N Couch Cox N Crawford Crosby N Cummings,B Y Cummings,M N Davis,C Y Davis.G Y Davis.M Dixon.H N Dixon.S N Dobbs N Dover
NDunn N Edwards Y Ehrhart Y Felton N Fennel N Floyd N Foster
N Godbee Y Goodwin
N Green N Greene Y Gresham N Griffin Y Groover N Hamilton N Hanner N Harris N Hasty N Heard N Herbert N Holcomb N Holland Y Holmes N Hooks Y Howren
Hudson N Irwin Y Isakson
N Jackson.J Jackson,W
N Jamieson N Jenkins
Johnson N Jones N Kilgore Y Kingston N Lane.D N Lane.R N Langford Y Lawrence N Lawson
NLee Y Linder N Long NLord Y Lucas
N Lupton Mangum
N Martin N McCoy N McDonald N McKelvey Y McKinney.B
Y McKinney.C N Meadows N Milam
N Mobley N Moody
N Moore Y Morton N Moultrie Y Mueller N Oliver.C N Oliver.M
NOrr N Orrock N Padgett N Pannell N Parham N Parrish
N Patten N Pettit N Pinkston
N Porter Y Poston Y Powell N Rainey Y Randall Y Hansom
NRay N Reaves Y Redding N Richardson N Ricketson N Robinson N Royal N Selman N Simpson N Sinkfield N Smith.L Y Smith.P N Smith.T N Smith.W N Smyre NSnow
N Stancil,F Y Stancil.S N Stanley N Steele N Stephens N Teper
N Thomas.C N Thomas.M N Thompson
250
JOURNAL OF THE HOUSE,
N Thurmond
Y Titus Y Tolbert
Townsend
N Twiggs N Vaughan
Waddle Y Walker.C
N Walker ,L Y Wall N Ware N Watson
N Watts Y White N Wilder N Williams.B
Y Williams.J N Yates Y Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 44, nays 120. The amendment was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron N Abernathy Y Adams N Aiken Y Alford N Alien N Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister
N Barfoot Y Bargeron
Y Barnett.B N Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick
N Branch Y Breedlove N Brooks N Brown YBuck Y Buford
YByrd Y Carrell
N Carter Y Chambless
Y Chance Y Cheeks
Y Childers N Clark.B
Y Clark.H N Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
N Crosby Y Cummings.B N Cummings.M Y Davis.C N Davis.G N Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Ehrhart
N Felton N Fennel Y Floyd Y Foster
Y Godbee N Goodwin
Y Green Y Greene N Gresham
Y Griffin N Groover Y Hamilton
Y Hanner Y Harris
Y Hasty N Heard Y Herbert Y Holcomb
Y Holland N Holmes Y Hooks Y Howren N Hudson Y Irwin
N Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins N Johnson Y Jones Y Kilgore N Kingston Y Lane.D Y Lane.R N Langford
N Lawrence Y Lawson YLee N Under
YLong YLord N Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey N McKinney.B
N McKinney.C Y Meadows Y Milam
Y Mobley N Moody Y Moore N Morton Y Moultrie N Mueller Y Oliver.C
Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Y Porter
N Poston N Powell Y Rainey N Randall N Ransom
YRay Y Reaves N Redding Y Richardson N Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith.L N Smith.P N Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F N Stancil.S
Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond N Titus N Tolbert N Townsend
Y Twiggs Y Vaughan
Waddle N Walker.C Y Walker,L N Wall Y Ware Y Watson Y Watts N White Y Wilder Y Williams.B N Williams,J
Y Yates N Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 119, nays 54. The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 245 was ordered immediately transmitted to the Senate.
HB 2. By Representative Bostick of the 138th:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to increase the amount of the fine for certain misdemeanors.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
THURSDAY, JANUARY 26, 1989
251
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Clark.B
Y Clark.H
Y Clark.L Colbert
Y Coleman Y Colwell Y Council
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Y Herbert
Y Holcomb Holland
Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock
Y Padgett Y Pannell Y Parharo Y Parrish Y Patten
Y Pettit Pinkston Poag
Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman
Simpson
Y Sinkfield
Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens
Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.
HB 19. By Representatives Bostick of the 138th and Groover of the 99th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to the establishment of a date of arraignment in criminal cases, so as to change the provisions regarding notice of the date which has been fixed for arraignment.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M
Beck
Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Y Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby
Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson.J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
252
JOURNAL OF THE HOUSE,
Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinks ton Poag
Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom
YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith.L
Y Smith,P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Y Thomas.M Y Thompson Y Thunnond
Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson
Y Watts Y White Y Wilder
Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 32. By Representative Isakson of the 21st:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide that the giving of a false date of birth to a law enforcement officer with the intent to mislead such officer shall be a misdemeanor.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 133, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 146. By Representatives Colwell of the 4th, Twiggs of the 4th, Foster of the 6th, Steele of the 97th, Athon of the 57th and others:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the licenses of habitually negligent, incompetent, or dangerous drivers, so as to revise the points assessed for certain offenses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 49. By Representatives Rainey of the 135th, Moody of the 153rd, Holcomb of the 72nd, Meadows of the 91st, McKelvey of the 15th and others:
A bill to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Boat Safety Act," so as to define the term "sailboard"; to redefine the term "vessel" so as to exempt sailboards from such definition.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 4.
THURSDAY, JANUARY 26, 1989
253
The Bill, having received the requisite constitutional majority, was passed.
HB 56. By Representatives Rainey of the 135th, Walker of the 115th, Groover of the 99th, Barfoot of the 120th and Titus of the 143rd:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Georgia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 27-2-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp.
The following amendment was read and adopted:
The Committee on Game, Fish & Recreation moves to amend HB 56 by striking on Page 4, Section 3, Line 13 after word "Season" 15.00 and Inserting in lieu thereof 5.50.
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 137, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Hamilton of the 124th arose to a point of personal privilege and addressed the House.
The Speaker Pro Tem assumed the Chair.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 10:00 o'clock, tomorrow morning.
254
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Friday, January 27, 1989
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 Morris B. Davis, Pastor, Salem Baptist Church, Cochran, Georgia,
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 451. By Representatives Couch of the 36th, Hudson of the 117th, Bargeron of the 108th, Watson of the 114th, Ray of the 98th and others: A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to clarify the authority of the State Board of Accountancy to contract with third parties to perform administrative services relating to examinations.
Referred to the Committee on Industry.
HB 454. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend an Act incorporating the City of Toccoa, so as to change the provisions relating to the election and taking of office of the city commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
FRIDAY, JANUARY 27, 1989
255
HB 455. By Representatives Kingston of the 125th and Bostick of the 138th:
A bill to amend Code Section 33-34-12 of the Official Code of Georgia Annotated, relating to the offenses of operating a motor vehicle without proof of insurance and operating or authorizing another to operate a motor vehicle without insurance coverage, so as to increase certain penalties for knowingly operating or authorizing another to operate a motor vehicle without insurance coverage under certain circumstances.
Referred to the Committee on Motor Vehicles.
HB 456. By Representative Reaves of the 147th:
A bill to amend Code Section 46-3-340 of the Official Code of Georgia Annotated, relating to the nonprofit operation of electric membership corporations, so as to authorize the charging of certain service charges against dormant accounts.
Referred to the Committee on Industry.
HB 457. By Representatives Adams of the 79th, Cheeks of the 89th, Childers of the 15th, Atkins of the 21st, Beck of the 148th and others:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia State Financing and Investment Commission Act," so as to authorize the issuance of capital appreciation bonds the proceeds of which may be used by purchasers for higher education and other needs.
Referred to the Committee on Banks & Banking.
HB 458. By Representative Adams of the 79th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain persons who are allowed to continue as members of the retirement system may obtain certain creditable service; to provide requirements and for other matters relative thereto.
Referred to the Committee on Retirement.
HB 459. By Representative Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to change the conditions under which a member who has withdrawn contributions may reestablish creditable service.
Referred to the Committee on Retirement.
HB 460. By Representative Smith of the 78th:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change the provisions relating to divesting of taxes and liens for taxes against certain property set apart for year's support; to clarify certain provisions regarding vesting of title to and fee ownership of such property set apart.
Referred to the Committee on Judiciary.
256
JOURNAL OF THE HOUSE,
HB 461. By Representative Meadows of the 91st:
A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 462. By Representatives Bannister of the 62nd, Barnett of the 59th, Mueller of the 126th, Morton of the 47th and Ransom of the 90th:
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 regulation of the sale of cigarettes or tobacco related objects; to provide for definitions; to provide for licensing persons engaging in or conducting the business of selling or vending cigarettes or tobacco related objects.
Referred to the Committee on Industry.
HB 463. By Representatives Hasty of the 8th, Stancil of the 8th, Royal of the 144th, Yeargin of the 14th, Langford of the 7th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the conditions for immediate issuance of marriage licenses and to delete certain provisions relating to sanctions for violating certain waiting period requirements.
Referred to the Committee on Special Judiciary.
HB 464. By Representatives Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th, Moody of the 153rd, Titus of the 143rd and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide an exemption for certain vehicles and combinations of vehicles from the maximum length requirements of such Code section.
By unanimous consent, HB 464 was ordered engrossed.
Referred to the Committee on Transportation.
HB 465. By Representatives Childers of the 15th, McKelvey of the 15th and Pettit of the 19th:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, so as to repeal Code Section 36-36-22.1, relating to limitations upon annexation by certain municipalities having independent school systems; to prohibit any municipality having an independent school system from annexing certain property without approval of the governing authority of the county.
Referred to the Committee on Governmental Affairs.
HB 466. By Representatives Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a defendant on the defendant's personal recognizance pending the defendant's surrendering voluntarily on a fixed date at a designated correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections.
Referred to the Committee on Judiciary.
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257
HB 467. By Representatives Alford of the 57th, Hooks of the 116th, Dover of the llth, Aaron of the 56th and Kingston of the 125th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the method whereby income is allocated and apportioned to Georgia and its political subdivisions for purposes of income taxation.
Referred to the Committee on Ways & Means.
HB 468. By Representatives Wilder of the 21st, Gresham of the 21st, Isakson of the 21st and Kingston of the 125th:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to the disposition of campaign contributions, so as to delete certain provisions authorizing the conversion of certain campaign contributions for any personal use.
Referred to the Committee on Rules.
HB 469. By Representative Thompson of the 20th:
A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers.
Referred to the Committee on Appropriations.
HB 470. By Representatives Childers of the 15th, Richardson of the 52nd, Redding of the 50th, Hudson of the 117th, Moultrie of the 93rd and others:
A bill to amend Code Section 43-11 A-18 of the Official Code of Georgia Annotated, relating to termination of the Georgia Board of Examiners of Licensed Dietitians, so as to change a date.
Referred to the Committee on Health & Ecology.
HB 471. By Representatives Crosby of the 150th, Lee of the 72nd, Walker of the 115th, Thompson of the 20th, Bishop of the 94th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income of individuals for purposes of Georgia income taxation, so as to increase the amount of retirement income excluded from taxable net income for certain elderly and disabled taxpayers.
Referred to the Committee on Ways & Means.
HB 472. By Representative Groover of the 99th:
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 any corporation shall have an insurable interest in the lives of any of its directors, officers, and employees and that trusts providing benefits to employees shall have an insurable interest in the lives of any such employees.
Referred to the Committee on Insurance.
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JOURNAL OP THE HOUSE,
HB 473. By Representatives Cheeks of the 89th, Godbee of the 110th, Harris of the 84th, Bostick of the 138th and Greene of the 130th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
By unanimous consent, HB 473 was ordered engrossed.
Referred to the Committee on Transportation.
HR 160. By Representative Kingston of the 125th: A resolution compensating Mr. Robert Marshall Kutchey, Sr.
Referred to the Committee on Appropriations.
HR 161. By Representatives Wilder of the 21st, Langford of the 7th, Foster of the 6th and Gresham of the 21st:
A resolution proposing an amendment to the Constitution so as to provide that vacancies in the superior and state courts shall be filled by special election as provided by law.
Referred to the Committee on Rules.
HR 162. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution creating the Access to Health Care Commission.
Referred to the Committee on Health & Ecology.
HR 163. By Representatives Brooks of the 34th and Holmes of the 28th:
A resolution proposing an amendment to the Constitution so as to provide that each county, independent, or area board of education shall consist of not less than five members, each of whom shall be elected from and by the voters of a single-member education district.
Referred to the Committee on Governmental Affairs.
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 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services.
Referred to the Committee on Ways & Means.
HB 475. By Representative Watson of the 114th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit System, so as to change the definition of employer to include certain credit unions.
Referred to the Committee on Retirement.
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259
HB 476. By Representatives Mueller of the 126th, Alien of the 127th, Dixon of the 128th, Smith of the 78th, Bannister of the 62nd and others:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide for comprehensive procedures for the disposition of abandoned vessels.
Referred to the Committee on Game, Fish & Recreation.
HB 477. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to malt beverages, so as to change certain provisions relating to the levy and amount of certain excise taxes on malt beverages.
Referred to the Committee on Ways & Means.
HB 478. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to change certain provisions relating to the levy and amount of certain excise taxes on wine.
Referred to the Committee on Ways & Means.
HB 479. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to change certain provisions relating to the levy and amount of certain excise taxes.
Referred to the Committee on Ways & Means.
HB 480. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to change certain provisions relating to the imposition of such taxes.
Referred to the Committee on Ways & Means.
HB 481. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the "Georgia Public Revenue Code," so as to provide for service of notices of assessments and notices of proposed assessments by first-class mail to the address shown on the records of the department.
Referred to the Committee on Ways & Means.
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JOURNAL OF THE HOUSE,
HB 482. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions relating to the imposition, rate, and computation of certain income taxes.
Referred to the Committee on Ways & Means.
HB 483. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
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; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law.
Referred to the Committee on Ways & Means.
HB 484. By Representative Selman of the 32nd:
A bill to amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to increase the amount of funds which must be deposited representing a surplus of assets over liabilities for writing certain insurance coverage; to increase the maximum amount of insurance that may be retained on certain subjects.
Referred to the Committee on Insurance.
HB 485. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current payment of income taxes, so as to change and correct a date in the table of times for installment payments of estimated taxes.
Referred to the Committee on Ways & Means.
HB 486. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, so as to provide for an adjustment in calculating taxable net income for individuals who have Subchapter "S" corporation income in federal adjusted gross income for federal purposes but do not qualify for Subchapter "S" corporation status for state purposes.
Referred to the Committee on Ways & Means.
HB 487. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to change the time period within which the state revenue commissioner shall dispose of unclaimed property delivered to him; to provide that certain unclaimed property having insubstantial commercial value may be disposed of by the commissioner other than by sale.
Referred to the Committee on Ways & Means.
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261
HB 488. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to change provisions relating to the exemption for the rental of motion picture film; to make provisions for exemption of certain rentals of videotape.
Referred to the Committee on Ways & Means.
HB 489. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to corporate net worth tax, so as to change the date upon which tax returns and payments are due.
Referred to the Committee on Ways & Means.
HB 490. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions relating to certain sales and use taxes.
Referred to the Committee on Ways & Means.
HB 491. By Representative Clark of the 55th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide for the maximum amount which may be expended by each candidate for election to the House of Representatives or the Senate; to define a term; to provide for the disposition of excess campaign contributions.
Referred to the Committee on Governmental Affairs.
HB 492. By Representatives Benn of the 38th, Jackson of the 9th, Cummings of the 17th, Martin of the 26th, Hasty of the 8th and others:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of notice; to provide for maximum removal and storage fees; to provide for a lien for such fees.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 414 HB 417
HB 418 HB 419 HB 420 HB 421 HB 422
HB 423 HB 424
HB 425 HB 426 HB 427 HB 428 HB 429
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JOURNAL OF THE HOUSE,
HB 430 HB 431 HB 432 HB 433 HB 434 HB 435 HB 436 HB 437 HB 438 HB 439 HB 440 HB 441 HB 442 HB 443 HB 444 HB 445
HB 446
HB 447
HB 448
HB 449
HB 450
HB 452
HB 453
HR 111
HR 113
HR 114
HR 115
HR 116
HR 118
HR 119
SB
1
SB 25
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 381 Do Pass, by Substitute
Respectfully submitted, /s/ McDonald of the 12th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 268 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills' of the House and has instructed me to report the same back to the House with the following recommendations:
HB 301 Do Pass, as Amended HB 130 Do Pass, by Substitute
FRIDAY, JANUARY 27, 1989
263
Respectfully submitted, /s/ Jackson of the 9th
Chairman
Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 125 Do Pass HB 217 Do Pass
HB 308 Do Pass HB 329 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
Representative Lane of the 27th 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 294 Do Pass HB 295 Do Pass, as Amended HB 342 Do Pass HB 347 Do Pass HB 362 Do Pass HB 371 Do Pass
HB 373 Do Pass HB 376 Do Pass HB 378 Do Pass HB 410 Do Pass HB 413 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 294. By Representative Yeargin of the 14th:
A bill to amend an Act creating and incorporating the City of Comer, so as to change the provisions regarding vacancies; to change the description of council districts; to change the provisions regarding the election and terms of the mayor and councilpersons.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 295. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education districts; to provide the manner of electing members of said board; to provide for filling vacancies.
The following amendment was read and adopted:
The Committee on State Planning & Community Affairs moves to amend HB 295 by striking the figure "114" where it appears in line 7 on page 2 and inserting in lieu thereof the figure "144".
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 342. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act reconstituting the board of education of Jones County, so as to change the compensation of the chairman and members of such 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 347. By Representative Parrish of the 109th:
A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to exemptions from taxation.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 362. By Representatives Milam of the 81st and Ware of the 77th:
A bill to repeal an Act creating the Mountville Water Authority, so as to provide for a transfer of the assets and obligations of such Authority to the City of LaGrange.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, JANUARY 27, 1989
265
HB 371. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the date for holding regular sessions 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 373. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing a new charter for the City of Tifton, so as to change the terms of office of the Chairman and Vice-Chairman of the City Commission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 376. By Representatives Dixon of the 128th, Hamilton of the 124th, Johnson of the 123rd, Alien of the 127th, Pannell of the 122nd and others:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 378. By Representatives Jones of the 71st, Meadows of the 91st, Ware of the 77th and Yates of the 75th:
A bill to amend an Act reincorporating and providing a new charter for the City of Newnan, so as to change the provisions relating to city elections and the election and terms of the mayor and council members; to provide for the time for holding elections and commencement of 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 410. By Representative Carter of the 146th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cook County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
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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 413. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, so as to change the provisions relating to the compensation of the tax commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 19. By Senator Allgood of the 22nd:
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 for cumulative voting of shares in certain family controlled corporations; to provide definitions; to provide exceptions; to prevent adoption of and invalidate certain corporate actions in conflict with the foregoing.
SB 20. By Senator Allgood of the 22nd:
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 include within such exemptions certain persons.
SB 27. By Senator Barnes of the 33rd:
A bill to amend Code Section 40-8-158 of the Official Code of Georgia Annotated, relating to periodic inspection and maintenance of emission control equipment on motor vehicles, so as to provide a procedure for obtaining a replacement emission inspection sticker when a windshield is replaced on a motor vehicle.
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd and Coleman of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contributions to or on behalf of the person holding office as Commissioner of Insurance.
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267
SB 31. By Senators Stumbaugh of the 55th, Taylor of the 12th and Olmstead of the 26th:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of valid complaints against insurance companies which are received by the department; to provide for publication; to provide for availability of such information to other media.
SB 32. By Senators Stumbaugh of the 55th, Taylor of the 12th and Land of the 16th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circumstances; to provide for the content of such regulations; to provide an effective date.
SB 49. By Senators Stumbaugh of the 55th, Peevy of the 48th, Kidd of the 25th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related organizations with respect to insurance, so as to provide for a reduction in premium charges for certain motor vehicle insurance coverage for persons 55 years of age or older who complete a motor vehicle accident prevention course.
SB 59. By Senators Echols of the 6th, Gillis of the 20th, Coleman of the 1st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish; to provide for definitions; to delete certain rights to take shellfish from streams and estuaries; to change certain provisions relating to required records with respect to commercial fishing.
SB 82. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Industry and Trade to the Department of Industry, Trade, and Tourism; to change the name of the Board of Industry and Trade to the Board of Industry, Trade, and Tourism; to change the title of the commissioner of industry and trade to the commissioner of industry, trade, and tourism.
SB 83. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Environmental Facilities Authority Act," relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, so as to provide for the extension of such program to include assistance for solid waste facilities.
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JOURNAL OF THE HOUSE,
SB 85. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of public safety personnel, so as to remove the provision of the law subrogating the state to a cause of action for death or disability upon payment of indemnification; to provide an effective date.
SB 88. By Senators Gillis of the 20th, Echols of the 6th and Kennedy of the 4th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide requirements relative to the harvest and sale of pine straw; to provide for definitions; to provide for findings; to provide for certificates of harvest; to provide that it shall be unlawful to sell or purchase pine straw without certificates of harvest.
SB 102. By Senator Peevy of the 48th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide for additional rights of polygraph examinees to change certain provisions relating to the preservation of records of polygraph examinations; to provide for applicability of said chapter; to provide an effective date.
SB 105. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and others:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and salt-water fishing in general, so as to provide for the opening and closing of the salt waters of this state as to fishing for certain fish; to establish creel and size limits as to certain fish; to provide for related matters; to provide an effective date.
SB 106. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th 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 acts constituting criminal trespass on public hunting or fishing areas; to limit the shell size and increase the shot size for hunting certain animals; to change certain creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs.
SB 116. By Senators Deal of the 49th and English of the 21st:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for inspection warrants and the practices, procedures, and requirements connected with the issuance, execution, and return thereof; to provide for notices; to provide for applications; to provide for time limits.
SB 117. By Senators Deal of the 49th and English of the 21st:
A bill to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Meat Inspection Act," so as to provide for the inspection of certain facilities and establishments; to provide for the inspection of certain carcasses, parts thereof, meat, meat food products, containers, and packaging; to provide for additional powers of the Commissioner of Agriculture and his delegate.
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269
SB 118. By Senator Brannon of the 51st:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones for communication purposes only.
SB 122. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require newly appointed chiefs of police and heads of law enforcement units to attend a law enforcement chief executive training class; to provide for funding.
HB 98. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1989, for the payment of provider claims chargeable to State Fiscal Year 1988.
The Senate has adopted by the requisite constitutional majority the following Resolution of the House:
HR 129. By Representatives Isakson of the 21st, Wilder of the 21st, Gresham of the 21st, Atkins of the 21st, Aiken of the 21st and others:
A resolution in memory of Honorable John Carl Harrison.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 19. By Senator Allgood of the 22nd:
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 for cumulative voting of shares in certain family controlled corporations; to provide definitions; to provide exceptions; to prevent adoption of and invalidate certain corporate actions in conflict with the foregoing.
Referred to the Committee on Special Judiciary.
SB 20. By Senator Allgood of the 22nd:
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 include within such exemptions certain persons.
Referred to the Committee on Public Safety.
SB 27. By Senator Barnes of the 33rd:
A bill to amend Code Section 40-8-158 of the Official Code of Georgia Annotated, relating to periodic inspection and maintenance of emission control equipment on motor vehicles, so as to provide a procedure for obtaining a replacement emission inspection sticker when a windshield is replaced on a motor vehicle.
Referred to the Committee on Motor Vehicles.
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JOURNAL OF THE HOUSE,
SB 30. By Senators Stumbaugh of the 55th, Allgood of the 22nd and Coleman of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any industrial loan licensee, insurer, or person or political action committee acting on behalf of such licensee or insurer from making contributions to or on behalf of the person holding office as Commissioner of Insurance.
Referred to the Committee on Insurance.
SB 31. By Senators Stumbaugh of the 55th, Taylor of the 12th and Olmstead of the 26th:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of valid complaints against insurance companies which are received by the department; to provide for publication; to provide for availability of such information to other media.
Referred to the Committee on Insurance.
SB 32. By Senators Stumbaugh of the 55th, Taylor of the 12th and Land of the 16th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that the Commissioner of Insurance shall provide by regulation guidelines for determining the value of a motor vehicle under certain circumstances; to provide for the content of such regulations; to provide an effective date.
Referred to the Committee on Motor Vehicles.
SB 49. By Senators Stumbaugh of the 55th, Peevy of the 48th, Kidd of the 25th and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related organizations with respect to insurance, so as to provide for a reduction in premium charges for certain motor vehicle insurance coverage for persons 55 years of age or older who complete a motor vehicle accident prevention course.
Referred to the Committee on Insurance.
SB 59. By Senators Echols of the 6th, Gillis of the 20th, Coleman of the 1st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish; to provide for definitions; to delete certain rights to take shellfish from streams and estuaries; to change certain provisions relating to required records with respect to commercial fishing.
Referred to the Committee on Game, Fish & Recreation.
FRIDAY, JANUARY 27, 1989
271
SB 82. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Industry and Trade to the Department of Industry, Trade, and Tourism; to change the name of the Board of Industry and Trade to the Board of Industry, Trade, and Tourism; to change the title of the commissioner of industry and trade to the commissioner of industry, trade, and tourism.
Referred to the Committee on Industry.
SB 83. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Environmental Facilities Authority Act," relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, so as to provide for the extension of such program to include assistance for solid waste facilities.
Referred to the Committee on Natural Resources & Environment.
SB 85. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of public safety personnel, so as to remove the provision of the law subrogating the state to a cause of action for death or disability upon payment of indemnification; to provide an effective date.
Referred to the Committee on Public Safety.
SB 88. By Senators Gillis of the 20th, Echols of the 6th and Kennedy of the 4th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide requirements relative to the harvest and sale of pine straw; to provide for definitions; to provide for findings; to provide for certificates of harvest; to provide that it shall be unlawful to sell or purchase pine straw without certificates of harvest.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 102. By Senator Peevy of the 48th:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to polygraph examiners, so as to provide for additional rights of polygraph examinees to change certain provisions relating to the preservation of records of polygraph examinations; to provide for applicability of said chapter; to provide an effective date.
Referred to the Committee on Judiciary.
272
JOURNAL OF THE HOUSE,
SB 105. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th and others:
A bill to amend Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to seafood and salt-water fishing in general, so as to provide for the opening and closing of the salt waters of this state as to fishing for certain fish; to establish creel and size limits as to certain fish; to provide for related matters; to provide an effective date.
Referred to the Committee on Game, Fish & Recreation.
SB 106. By Senators Gillis of the 20th, Perry of the 7th, Echols of the 6th 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 acts constituting criminal trespass on public hunting or fishing areas; to limit the shell size and increase the shot size for hunting certain animals; to change certain creel and possession limits of fish; to change provisions relating to mountain trout taken from certain reservoirs.
Referred to the Committee on Game, Fish & Recreation.
SB 116. By Senators Deal of the 49th and English of the 21st:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for inspection warrants and the practices, procedures, and requirements connected with the issuance, execution, and return thereof; to provide for notices; to provide for applications; to provide for time limits.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 117. By Senators Deal of the 49th and English of the 21st:
A bill to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Meat Inspection Act," so as to provide for the inspection of certain facilities and establishments; to provide for the inspection of certain carcasses, parts thereof, meat, meat food products, containers, and packaging; to provide for additional powers of the Commissioner of Agriculture and his delegate.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 118. By Senator Brannon of the 51st:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones for communication purposes only.
Referred to the Committee on Motor Vehicles.
SB 122. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require newly appointed chiefs of police and heads of law enforcement units to attend a law enforcement chief executive training class; to provide for funding.
Referred to the Committee on Public Safety.
FRIDAY, JANUARY 27, 1989
273
Representative Pannell of the 122nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 34. By Representative Alien of the 127th:
A bill to amend Code Section 5-5-40 of the Official Code of Georgia Annotated, relating to motions for a new trial, so as to provide that where the grounds of the motion require consideration of the transcript of evidence or proceedings, the court shall, except in cases where the death penalty is imposed, grant an extension of time of at least 90 days for the preparation and filing of the transcript.
On the motion, the roll call was ordered and the vote was as follows:
N Aaron
Y Abernathy Adams
N Aiken Y Alford
Alien N Athon N Atkins N Bailey Y Baker N Balkcom N Bannister N Barfoot N Bargeron N Barnett,B
N Barnett,M Beck
N Benefield Benn
N Birdsong Y Bishop N Bostick N Branch N Breedlove Y Brooks Y Brown NBuck N Buford YByrd N Carrell N Carter
Chambless N Chance
N Cheeks Y Childers
Clark.B
N Clark.H Y Clark.L N Colbert
Coleman Colwell Y Connell N Couch
Cox
Y Crawford
N Crosby Y Cummings.B
Cummings.M N Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Dover N Dunn N Edwards
N Ehrhart Felton Fennel
N Floyd N Foster N Godbee
N Goodwin Green
N Greene N Gresham N Griffin
N Groover Y Hamilton
Manner N Harris
Hasty N Heard
Herbert N Holcomb Y Holland Y Holmes N Hooks N Howren
Hudson Y Irwin
N Isakson N Jackson,J
Jackson.W N Jamieson Y Jenkins
Johnson
N Jones N Kilgore
Kingston N Lane.D N Lane.R N Langford Y Lawrence
N Lawson NLee Y Under N Long YLord
Lucas Lupton N Mangum Y Martin N McCoy N McDonald N McKelvey McKinney,B
On the motion, the ayes were 40, nays 91. The motion was lost.
Y McKinney.C N Meadows
Milam N Mobley N Moody N Moore Y Morton N Moultrie Y Mueller
N Oliver.C Oliver.M
NOrr Orrock
N Padgett Y Pannell
N Parham N Parrish
Patten Y Pettit
Pinkston
NPoag N Porter N Poston N Powell N Rainey
Randall N Ransom YRay
Reaves Y Redding N Richardson N Ricketson
Robinson N Royal
N Selman Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Smith.W Y Smyre N Snow Y Stancil.F N Stancil.S
Stanley Steele Y Stephens N Teper Thomas.C Y Thomas,M
N Thompson Y Thurmond N Titus N Tolbert
Townsend N Twiggs
Vaughan N Waddle
Walker.C N Walker.L N Wall
Ware
Watson Watts Y White
Wilder N Williams.B Y Williams.J
N Yates N Yeargin
Murphy.Spkr
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 120. By Representatives Johnson of the 123rd, Mueller of the 126th, Pannell of the 122nd, Dixon of the 128th, Alien of the 127th and others:
A resolution designating Monday, January 30, 1989, as "Savannah Day at the Capitol".
Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:
274
JOURNAL OF THE HOUSE,
HR 21. By Representatives Crawford of the 5th, Ray of the 98th, Snow of the 1st, McCoy of the 1st and Jenkins of the 80th: A resolution relative to the purchase of Christmas trees by state agencies and political subdivisions.
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 117, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was read and adopted:
HR 164. By Representatives Padgett of the 86th and Connell of the 87th: A resolution commending Dr. Henry F. Yost.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 286. By Representatives Walker of the 115th, Hooks of the 116th, Smyre of the 92nd, Lawson of the 9th, Groover of the 99th and others:
A bill to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to candidates or campaign committees, so as to prohibit persons acting on behalf of insurers regulated by the Commissioner of Insurance from contributing to political campaigns of candidates for Commissioner of Insurance.
The following amendment was read:
Representative Clark of the 20th moves to amend HB 286 as follows: Add paragraph (h):
Any campaign contribution held in the campaign depository account of the campaign committee of the Commissioner of Insurance on the effective date of this Act which was reported as being received from an insurer regulated by the commissioner shall be paid into the general funds of the state.
Representative Linder of the 44th moved the "ayes" and "nays". On the motion, the ayes were 12, nays 88.
The motion was lost.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn
Y Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown YBuck
Y Buford
Byrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
FRIDAY, JANUARY 27, 1989
275
Clark.B Y Clark.H Y Clark.L
Y Colbert Y Coleman
Colwell
Y Connell
Couch
Cox Crawford Crosby Y Cummings.B Cummings.M Y Davis.C Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd
Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones
Y Kilgore
Y Kingston Y Lane.D Y Lane.R
Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong
Lord
Y Lucas Y Lupton Y Mangum
Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C
Y Oliver.M
YOrr Y Orrock Y Padgett
Y Pannell
Y Parham
Y Parrish Patten
Y Pettit Y Pinkston YPoag
Y Porter
Y Poston
Y Powell Y Rainey
Randall Y Ransom YRay
Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith.T
Smith, W Y Smyre YSnow
Y Stancil.F Stancil.S Stanley
Y Steele Y Stephens
Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Ware
Y Watson
Y Watts Y White
Wilder Y Williams.B
Y Williams,J Y Yates 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.
Representatives Stancil of the 8th, Wilder of the 21st, Byrd of the 153rd and Alien of the 127th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Resolution of the House, favorably reported by the Committee on Rules, was read:
HR 12. By Representative Lee of the 72nd: A resolution amending the Rules of the House of Representatives.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams
Y Aiken
Y Alford
Alien
Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch
Y Breedlove 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
Cox
Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S
Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd N Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin
Y Groover
Y Hamilton
Hanner Y Harris Y Hasty
Y Heard
Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald McKelvey McKinney.B
Y McKinney.C
Y Meadows
276
JOURNAL OF THE HOUSE,
Y Milam Y Mobley Y Moody
Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Patten
Y Pettit Pinks ton
YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom
Ray Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow Y Stancil.F
Stancil.S Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
On the adoption of the Resolution, the ayes were 150, nays 1. The Resolution was adopted.
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy ,Spkr
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 208. By Representatives Barnett of the 10th, Jackson of the 9th, Harris of the 84th, Lane of the 27th, Crosby of the 150th and Dixon of the 151st:
A bill to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission through motor vehicle windows, so as to prohibit affixing such material to certain windows and the rear windshield of motor vehicles resulting in a reduction of light transmission to less than 32 percent or resulting in light reflectance of more than 20 percent.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
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 Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten
Y Pettit Pinks ton
YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom Y Ray
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield
Y Smith.L Y Smith,P Y Smith.T
Smith.W Smyre YSnow
Y Stancil.F Y Stancil,S
Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
FRIDAY, JANUARY 27, 1989
277
Y Thurmond
Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan
Waddle Walker.C
Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 142. By Representative Connell of the 87th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Systems Standards Law," so as to provide that a certain amendment to the law providing for the Georgia Firemen's Pension Fund shall not be subject to the Public Retirement Systems Standards Law under certain conditions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 143. By Representatives Connell of the 87th and Cummings of the 17th:
A bill to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability benefits under the Georgia Firemen's Pension Fund, so as to change the provisions relating to such disability benefits; to amend Code Section 47-7-124 of the Official Code of Georgia Annotated, relating to limitation of certain actions, so as to provide that the Board of Trustees of the Georgia Firemen's Pension Fund shall not assert after April 1, 1989, any claim.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister
Barfoot
Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C
Y Davis.G
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee
Y Goodwin Green
Y Greene Y Gresham Y Griffin
Groover
Y Hamilton Manner
Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb
Y Holland Holmes
Y Hooks Y Howren Y Hudson Y Irwin
YIsakson Y Jackson,J
Jackson.W Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong
Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
278
JOURNAL OF THE HOUSE,
Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
Ray
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield
Smith.L Y Smith.P
Y Smith.T Smith, W
Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L
Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 181. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-5-25 of the Official Code of Georgia Annotated, relating to the duties of a broker in placing insurance with an unauthorized insurer, so as to provide that a broker shall use current available reliable financial information about unauthorized insurers; to provide conditions for the placement of insurance.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 176. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group requirements for life insurance, so as to provide that multiple employer welfare arrangements shall constitute lawful groups for purposes of the delivery of group life insurance.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 59. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain write-in ballots shall be counted at tabulating centers; to provide for procedures; to provide that certain poll officers shall not count certain write-in ballots.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, JANUARY 27, 1989
279
HB 62. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for mandatory annual training for certain election superintendents and registrars.
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 provide for mandatory annual training for certain election superintendents and registrars; to provide for penalties; to provide for exceptions and waivers; 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 adding a new subsection at the end of Code Section 21-2-211, relating to appointment and compensation of county registrars, to be designated subsection (e), to read as follows:
"(e) (1) On and after January 1, 1990, the election superintendent and at least one registrar of the county or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State.
(2) The basis for the minimum requirement of training shall be two calendar years. (3) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in his discretion, upon the presentation of evidence by the election superintendent, registrar, or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (4) The cost of the training shall be borne by the governing authority of each county from county funds. (5) Failure to complete the minimum training required under this Code section shall result in a fine of $500.00 for each occurrence which shall be paid by the county governing authority from county funds. (6) The minimum training required under this Code section shall not apply to deputy registrars."
Section 2. Said title is further amended by adding a new subsection at the end of Code Section 21-3-120, relating to the appointment and compensation of municipal registrars and deputy registrars, to be designated subsection (g), to read as follows:
"(g) (1) On and after January 1, 1990, the election superintendent and at least one registrar shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State.
(2) The basis for the minimum requirement of training shall be two calendar years. (3) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in his discretion, upon the presentation of evidence by the election superintendent or registrar that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (4) The cost of the training shall be borne by the municipal governing authority from municipal funds. (5) Failure to complete the minimum training required under this Code section shall result in a fine of $500.00 for each occurrence which shall be paid by the municipal governing authority from municipal funds.
280
JOURNAL OF THE HOUSE,
(6) The minimum training required under this Code section shall not apply to deputy registrars."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Groover of the 99th moves to amend the Committee substitute to HB 62 as follows:
Delete lines 9 through 13, page 2, and lines 6 through 10, page 3.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Aaron
Y Abernathy
Y Adams Aiken
Y Alford
Alien Athon Y Atkins Y Bailey Baker Balkcom Bannister Y Barfoot Bargeron Y Barnett.B N Barnett.M Beck Y Benefield N Benn Y Birdsong N Bishop Y Bostick Y Branch Y Breedlove N Brooks N Brown YBuck
Y Buford Byrd
Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks Y Childers N Clark.B
N Clark.H N Clark.L N Colbert
Y Coleman Y Colwell Y Connell
Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B
Cummings.M N Davis.C N Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs
Dover
Y Dunn Edwards
N Ehrhart Y Felton
Fennel Y Floyd Y Foster Y Godbee
N Goodwin Green
N Greene
Y Gresham Y Griffin Y Groover
Y Hamilton Manner
Y Harris
Y Hasty Heard
N Herbert Holcomb
Y Holland N Holmes Y Hooks Y Howren
Hudson N Irwin YIsakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins N Johnson Y Jones Y Kilgore
Kingston Y Lane.D Y Lane,R
Y Langford N Lawrence Y Lawson YLee
Linder YLong
Lord N Lucas Y Lupton
Mangum Y Martin N McCoy
McDonald Y McKelvey
McKinney.B
N McKinney.C Y Meadows
N Milam Y Mobley Y Moody Y Moore N Morton N Moultrie
Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Patten Pettit Pinks ton
YPoag Y Porter
Poston Y Powell Y Rainey N Randall Y Ransom
Ray Reaves N Redding Y Richardson Y Ricketson Y Robinson Royal Selman Simpson
On the adoption of the amendment, the ayes were 96, nays 33. The amendment was adopted. The Committee substitute, as amended, was adopted.
Sinkfield Y Smith.L Y Smith,? Y Smith.T
Smith.W Smyre Y Snow Y Stancil,F Y Stancil.S Stanley Y Steele Y Stephens Y Teper Thomas.C Thomas.M N Thompson Y Thurmond Y Titus N Tolbert Y Townsend Twiggs N Vaughan Y Waddle Y Walker.C Y Walker,L
Y Wall Ware Watson Watts White Wilder
N Williams.B N Williams,J
Yates Y Yeargin
Murphy ,Spkr
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 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
FRIDAY, JANUARY 27, 1989
281
HB 63. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, so as to provide that deputy registrars at permanent additional voter registration sites do not have to be residents of the county in which they serve.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 11.
The Bill, having received the requisite constitutional majority, was passed.
Representative Lane of the 27th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 63.
HB 66. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to correct certain citations to federal law.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 72. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, so as to provide for the issuance of a card to registered voters containing certain indentification, precinct, and district information; to provide for powers, duties, and authority of the Secretary of State and boards of registrars with respect to such card.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, so as to provide for the issuance of a card to registered voters containing certain identification, precinct, and district information; to provide for powers, duties, and authority of the Secretary of State and boards of registrars with respect to such card; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, is amended by adding at the end thereof a new subsection, to be designated subsection (h), to read as follows:
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"(h) After approving the registration of a voter, the board of registrars shall issue the voter a card which shall contain the voter's name and address, a block for the voter's signature, the date of the voter's registration, the name of the voter's precinct, the location of the precinct, and the number of the voter's congressional district, state Senate district, state House district, county commission district (if any), board of education district (if any), and city council, city commission, or other municipal district (if any). On the reverse side of the card there shall be printed instructions which shall indicate the procedure to be followed in the event of a change of address of the voter. The voter shall indicate the new address within the county in the space provided on such card and return the card to the board of registrars. Upon receipt of such card, the board of registrars shall make the necessary changes and issue a revised card. In the event the voter's election district or precinct changes, then a new card shall be issued. The Secretary of State shall provide such cards for use by the registrars; however, the board of registrars in each county may create and provide other cards in lieu of the cards provided by the Secretary of State, provided that such cards contain the information set forth in this subsection."
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 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 264. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Titus of the 143rd and Hudson of the 117th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide that it shall be unlawful to feed alligators or bears except while holding a valid permit or license to possess the animal being fed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:
SR 30.
By Senators Kidd of the 25th and Dawkins of the 45th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery, the proceeds from which shall be used for expenses in support of public education; to provide for the regulation of the state lottery; to prohibit other lotteries; to provide for the submission of this amendment for ratification or rejection.
FRIDAY, JANUARY 27, 1989
283
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, Monday morning, January 30, 1989, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, Monday morning, January 30, 1989.
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Representative Hall, Atlanta, Georgia Monday, January 30, 1989
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 David S. Naglee, Pastor, First United Methodist Church, Barnesville, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 493. By Representative Townsend of the 24th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to exempt the sales of food for human consumption from the state sales and use tax; to increase the rate of the state sales and use tax from 3 percent to 4 percent; to provide for the repeal of the special county 1 percent sales and use tax if the state sales and use tax is increased.
Referred to the Committee on Ways & Means.
MONDAY, JANUARY 30, 1989
285
HB 494. By Representatives Rainey of the 135th, Moody of the 153rd, Meadows of the 91st, Tolbert of the 58th, Stancil of the 66th and others:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to certain offenses against public order and safety, so as to make unlawful the criminally negligent use of a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting wildlife; to make it unlawful to hunt or possess a hunting license under certain circumstances; to provide for the punishment of such acts.
Referred to the Committee on Game, Fish & Parks.
HB 495. By Representatives Thomas of the 69th and Simpson of the 70th:
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 include personal notice in writing by a court official or officer of the court; to amend Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to arraignments and pleas generally, so as to provide that a bench warrant shall be issued for the arrest of a person charged with a crime.
Referred to the Committee on Judiciary.
HB 496. By Representatives Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of public officers and employees in general, so as to change certain provisions relating to increases in the compensation of certain state officials.
Referred to the Committee on Rules.
HB 497. By Representatives Martin of the 26th, Benn of the 38th, Sinkfield of the 37th and Couch of the 36th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census to authorize the mayor to enter into certain contracts with private and public entities.
Referred to the Committee on State Planning & Community Affairs.
HB 498. By Representative Greene of the 130th:
A bill to amend an Act incorporating the City of Shellman in the County of Randolph, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
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JOURNAL OF THE HOUSE,
HB 499. By Representatives Poster of the 6th, Colwell of the 4th, Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th and others:
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 overcrowding of the prison system may create an emergency requiring additional correctional facilities either of a permanent type of construction or of a temporary or movable type.
Referred to the Committee on State Institutions & Property.
HB 500. By Representatives Holmes of the 28th, Walker of the 85th, Smyre of the 92nd, Langford of the 7th and others:
A bill to amend Article 7 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to building and loan associations and savings and loan associations, so as to provide for the licensing of mortgage bankers and mortgage brokers.
Referred to the Committee on Banks & Banking.
HB 501. By Representatives Bannister of the 62nd and Barnett of the 59th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to exempt persons not domiciled in Georgia from certain provisions.
Referred to the Committee on Motor Vehicles.
HB 502. By Representatives Martin of the 26th, Oliver of the 53rd and Teper of the 46th:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Condominium Act," so as to provide for the resolution of inconsistencies between condominium instruments; to provide for compliance with rules and regulations adopted by condominium associations; to prohibit the disproportionate allocation of common expenses.
Referred to the Committee on Judiciary.
HB 503. By Representative Childers of the 15th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for continuing education requirements; to change the provisions relating to reciprocity; to provide for notification regarding complaints and disposition thereof.
Referred to the Committee on Health & Ecology.
HB 504. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend Article 4 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation of areas furnished services or included in comprehensive zoning plans by certain counties, so as to repeal the restriction on applicability of such article to counties having a population of not less than 350,000 and not more than 500,000 according to the United States decennial census of 1970 or any future such census.
Referred to the Committee on State Planning & Community Affairs.
MONDAY, JANUARY 30, 1989
287
HB 505. By Representatives Pettit of the 19th, Athon of the 57th, Richardson of the 52nd, Moody of the 153rd and Ware of the 77th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services.
Referred to the Committee on Ways & Means.
HB 506. By Representatives Pettit of the 19th, Childers of the 15th, Athon of the 57th and Herbert of the 76th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to provide that each project for which a tax is proposed shall be separately submitted to the voters of the county; to provide that the tax shall be imposed only for those projects approved by the voters; to provide for stating the maximum cost of each project to be submitted to the voters.
Referred to the Committee on Ways & Means.
HB 507. By Representatives Steele of the 97th, Foster of the 6th, Langford of the 7th, Titus of the 143rd, Aiken of the 21st and others:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the seizure and sale of the motor vehicle of a person who has been convicted of three or more violations of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.
HB 508. By Representatives Steele of the 97th, Foster of the 6th, Langford of the 7th, Buck of the 95th, Stephens of the 68th and others:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the constitutional homestead exemption for disabled veterans and certain surviving family members, so as to provide that the unremarried surviving spouse or minor children may apply for such exemption under certain circumstances; to provide for the granting of such exemption.
Referred to the Committee on Ways & Means.
HB 509. By Representatives Clark of the 20th, Porter of the 119th, Hamilton of the 124th, Dunn of the 73rd, Wilder of the 21st and others:
A bill to amend Code Section 16-4-7 of the Official Code of Georgia Annotated, relating to criminal solicitation, so as to change the penalties.
Referred to the Committee on Special Judiciary.
HB 510. By Representative Dunn of the 73rd:
A bill to amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions affecting insurance, so as to provide for forms of security deposits that shall be acceptable for possession by the Commissioner of Insurance.
Referred to the Committee on Insurance.
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JOURNAL OF THE HOUSE,
HB 511. By Representative Dunn of the 73rd:
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 cancellation of an existing insurance policy shall be effective on the effective date of a replacement policy under certain circumstances.
Referred to the Committee on Insurance.
HR 165. By Representative Dover of the llth:
A resolution authorizing the conveyance of certain state owned real property located in White County, Georgia.
Referred to the Committee on State Institutions and Property.
HR 166. By Representative Breedlove of the 60th: A resolution compensating Mr. William Scott Moody.
Referred to the Committee on Appropriations.
HR 167. By Representatives Pettit of the 19th, Childers of the 15th, Athon of the 57th, Herbert of the 76th, Ware of the 77th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for sources of revenue other than ad valorem taxes for local school systems.
Referred to the Committee on Ways and Means.
HR 168. By Representatives Pettit of the 19th, Athon of the 57th, Herbert of the 76th and Aiken of the 21st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to impose a special 1 percent sales and use tax for educational purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 519. By Representatives Dunn of the 73rd, Robinson of the 96th, Pettit of the 19th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that no cause of action shall arise against the owner of real property or the agent of such owner for the failure to disclose to a purchaser or prospective purchaser of such property that the property was occupied by a person having certain diseases or was the site of a homicide or other felony or a suicide.
Referred to the Committee on Judiciary.
MONDAY, JANUARY 30, 1989
289
HB 520. By Representatives Davis of the 29th, Abernathy of the 39th, Benn of the 38th and Thomas of the 31st:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for certain criminal penalties for delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute certain controlled substances, certain narcotic drugs, or marijuana to minors.
Referred to the Committee on Judiciary.
HB 524. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relating to jury lists and the compilations and revision thereof; to change certain procedures; to provide for the creation of jury lists and boxes in counties using nonmechanical procedures and in counties using mechanical or electronic procedures.
Referred to the Committee on Judiciary.
HB 525. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to the assessment of litigation costs and attorneys' fees for frivolous actions and defenses, so as to repeal the provisions which repeal such Code section on July 1, 1989.
Referred to the Committee on Judiciary.
HB 526. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, so as to change the provisions relating to membership of the joint board; to remove the supervisor of registration and elections from membership on the joint board.
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 451 HB 454 HB 455 HB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462 HB 463 HB 464
HB 465 HB 466 HB 467 HB 468 HB 469 HB 470 HB 471 HB 472 HB 473 HB 474 HB 475 HB 476
290
HB 477 HB 478 HB 479 HB 480 HB 481 HB 482 HB 483 HB 484 HHBB 448865 HB 487 HB 488 HB 489 HB 490 HB 491 HB 492 HR 160 HR 161 HR 162 HR 163
JOURNAL OF THE HOUSE,
SB 19 SB 20 SB 27 SB 30 SB 31 SB 32 OB 49 SR , q SCBR 8o2o SB 83 SB 85 SB 88 SB 102 SB 105 SB 106 SB 116 SB 117 SB 118 SB 122
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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 11 Do Pass HB 202 Do Pass, by Substitute HB 285 Do Pass
HB 420 Do Pass SB 88 Do Pass SB 116 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 118 Do Pass, by Substitute
Respectfully submitted, /s/ McDonald of the 12th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
MONDAY, JANUARY 30, 1989
291
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 54 Do Pass, as Amended HB 335 Do Pass, as Amended HB 333 Do Pass
HB 334 Do Pass, as Amended HB 336 Do Pass, as Amended HB 339 Do Pass
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 37 Do Pass HR 62 Do Pass HR 79 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 215 Do Pass, by Substitute HB 163 Do Pass
HB 288 Do Pass HB 414 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th 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 422 Do Pass HB 434 Do Pass
HB 445 Do Pass HB 446 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
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JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 422. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 434. By Representative Poag of the 3rd:
A bill to repeal an Act providing for the continued existence of the Board of Education of Murray 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 445. By Representative Poag of the 3rd:
A bill to amend an Act providing for the Magistrate Court of Murray County, so as to change the compensation of the chief magistrate and magistrates.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 446. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to change the provisions relating to the corporate limits of said city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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:
MONDAY, JANUARY 30, 1989
293
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
HB 138. By Representative Yeargin of the 14th:
A bill to amend an Act creating the Board of Commissioners of Oglethorpe County, so as to change the compensation of the chairman of the board.
HB 93. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated.
SB 65. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 19-10-1 of the Official Code of Georgia Annotated, relating to abandonment of a child and penalties therefor, so as to provide procedures and requirements relative to the suspension of sentences for abandonment; to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations on the question of the probation of a defendant, so as to delete the provisions relating to the suspension of sentences of abandonment.
SB 66. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the provisions relating to said offense; to provide that revocation of probation for conduct in violation of said Code section shall not preclude an independent criminal prosecution under said Code section; to provide an effective date.
SB 67. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, so as to provide an option for the court to order a 40 hour per week work detail in lieu of incarceration; to provide for additional community service hours for disciplinary reasons in lieu of incarceration; to provide an effective date.
SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
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JOURNAL OF THE HOUSE,
SB 99. By Senators Echols of the 6th, Perry of the 7th and Howard of the 42nd:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the members of the Jekyll Island State Park Authority, so as to provide for an additional member of said authority; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to the conflicts of interest law applicable to public officials and employees, so as to provide for an additional exception to such law.
SB 103. By Senators Deal of the 49th and Bowen of the 13th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to change the provisions on the payment of witness fees for certain law enforcement officers, correctional officers, and similar persons.
SB 104. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the production of such material.
SB 139. 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 Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th, Lawson of the 9th and Coleman of the 118th:
A bill to amend Article 3 of Chapter 13 of Title 48 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, and accomodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 65. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 19-10-1 of the Official Code of Georgia Annotated, relating to abandonment of a child and penalties therefor, so as to provide procedures and requirements relative to the suspension of sentences for abandonment; to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations on the question of the probation of a defendant, so as to delete the provisions relating to the suspension of sentences of abandonment.
Referred to the Committee on Special Judiciary.
MONDAY, JANUARY 30, 1989
295
SB 66. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the provisions relating to said offense; to provide that revocation of probation for conduct in violation of said Code section shall not preclude an independent criminal prosecution under said Code section; to provide an effective date.
Referred to the Committee on Special Judiciary.
SB 67. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, so as to provide an option for the court to order a 40 hour per week work detail in lieu of incarceration; to provide for additional community service hours for disciplinary reasons in lieu of incarceration; to provide an effective date.
Referred to the Committee on Special Judiciary.
SB 84. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, the "Erosion and Sedimentation Act of 1975," so as to change the definition of land-disturbing activity subject to regulation; to remove the state Soil and Water Conservation Commission and soil and water conservation districts from the rule-making process of the Board of Natural Resources.
Referred to the Committee on Natural Resources & Environment.
SB 99. By Senators Echols of the 6th, Perry of the 7th and Howard of the 42nd:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the members of the Jekyll Island State Park Authority, so as to provide for an additional member of said authority; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to the conflicts of interest law applicable to public officials and employees, so as to provide for an additional exception to such law.
Referred to the Committee on State Planning & Community Affairs.
SB 103. By Senators Deal of the 49th and Bowen of the 13th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to change the provisions on the payment of witness fees for certain law enforcement officers, correctional officers, and similar persons.
Referred to the Committee on Judiciary.
SB 104. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the production of such material.
Referred to the Committee on Judiciary.
296
JOURNAL OF THE HOUSE,
SB 139. 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.
Referred to the Committee on Judiciary.
SR 30. By Senators Kidd of the 25th and Dawkins of the 45th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery, the proceeds from which shall be used for expenses in support of public education; to provide for the regulation of the state lottery; to prohibit other lotteries; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Industry.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 205. By Representatives Ware of the 77th, Dunn of the 73rd, Lucas of the 102nd, Ricketson of the 82nd, Williams of the 48th and others:
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 that domestic insurers shall be examined once every three years.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister
Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Beck Y Benefield Y Benn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman
Colwell
Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings,M
N Davis.C Davis.G
Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton
Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Jenkins
Y Johnson Y Jones Y Kilgore
Y Kingston Lane.D
Y Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum
Martin
N McCoy McDonald
Y McKelvey
Y McKinney,B Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore
Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Parrish
Patten Y Pettit
Pinks ton
YPoag Y Porter Y Poston Y Powell
Rainey Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Steele
MONDAY, JANUARY 30, 1989
297
Y Stephens Y Teper Y Thomas.C
Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder
Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 143, nays 2. The Bill, having received the requisite constitutional majority, was passed.
HB 192. By Representatives Porter of the 119th and Groover of the 99th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that a state court judge shall, on the date he takes office, reside within the judicial circuit containing the geographic area in which he is selected to serve.
The following amendment was read and adopted:
Representative Porter of the 119th moves to amend HB 192 as follows: Insert on line 16 between the words "the" and "judicial" "superior court".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Clark.L
Y Colbert Coleman
Y Colwell N Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B N Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence
N Lawson YLee Y Under Y Long YLord Y Lucas Y Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock
Y Padgett Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson
Y Sinkfield
Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
298
JOURNAL OF THE HOUSE,
On the passage of the Bill, as amended, the ayes were 155, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Barnett of the 59th and Bannister of the 62nd stated they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Padgett of the 86th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 192.
HB 191. By Representative Porter of the 119th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to employment of superior court judges' secretaries, so as to provide for the pay level of certain reemployed superior court judges' secretaries.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend House Bill 191 by striking on line 18, page 1, the word "shall" and inserting in lieu thereof the word "may".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Buck Y Buford YByrd Y Carrell
Y Carter Y Chambless
Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert
Y Coleman Y Colwell Y Connell Y Couch
Cox
Y Crawford
Y Crosby Y Cummings,B Y Cummings.M
Y Davis.C Davis.G
Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd N Foster Y Godbee
Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton
Manner
Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore
Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong
Y Lord
Y Lucas Y Lupton Y Mangum
Martin Y McCoy N McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey
Y Randall Y Ransom YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith.P Y Smith.T Y Smith.W Y Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley
Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs
MONDAY, JANUARY 30, 1989
299
Y Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall
Ware
Y Watson Y Watts Y White
Y Wilder Y Williams.B
Williams.J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 157, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 216. By Representative Buford of the 103rd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.
The following Committee substitute was read:
A BILL
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant; 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 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, is amended by adding at the end thereof a new Code Section 33-3-28 to read as follows:
"33-3-28. (a) (1) Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer's claims manager stating with regard to each known policy of insurance, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information. The claimant's request shall set forth under oath the specific nature of the claim asserted and shall be mailed to the insurer by certified mail.
(2) The insured or his insurance agent, within 30 days of receiving a written request from a claimant or the claimant's attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim. (b) If the request provided in subsection (a) of this Code section contains information insufficient to allow compliance, the insurer, insured, or insurance agent upon whom the request was made may so state in writing, stating specifically what additional information is needed, and such compliance shall constitute compliance with this Code section. (c) The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall not create a waiver of any defenses to coverage available to the insurer and shall not be admissible in evidence unless otherwise admissible under Georgia law. (d) The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall be amended upon the discovery of facts inconsistent with or in addition to the information provided."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
300
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Representatives Buford of the 103rd and Groover of the 99th move to amend the Committee substitute to HB 216 as follows:
(1) By adding on line 22 page 1 after "insurance" the following:
"issued by it" (2) By striking from line 4 page 2 the following:
"or his insurance agent," (3) By adding between "insurer" and "insured" on line 12 page 2 the word "or" and by striking from lines 12 and 13 page 2 "or insurance agent".
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 Abernathy Y Adams N Aiken Y Alford Y Alien N Athon N Atkins
N Bailey Y Baker Y Balkcom N Bannister Y Barfoot N Bargeron
Y Barnett,B N Barnett.M
Beck N Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks N Childers N Clark.B
N Clark.H Clark.L
Y Colbert Y Coleman N Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S N Dobbs N Dover N Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd N Foster N Godbee N Goodwin N Green Y Greene N Gresham N Griffin Y Groover Y Hamilton Y Manner N Harris
Y Hasty N Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren
Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson.W
N Jamieson
Y Jenkins Y Johnson Y Jones N Kilgore Y Kingston Y Lane.D
N Lane.R Y Langford Y Lawrence Y Lawson N Lee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum
Martin
N McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows YMilam
Mobley Y Moody Y Moore N Morton Y Moultrie
N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall
N Ransom
YRay Y Reaves Y Redding Y Richardson N Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,? Y Smith,T
N Smith,W Smyre
Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M N Thompson Y Thurmond
Y Titus N Tolbert Y Townsend
N Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White N Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 128, nays 39.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
MONDAY, JANUARY 30, 1989
301
HB 292. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-19-36 of the Official Code of Georgia Annotated, relating to procedures relative to the filing of a complaint with the administrator of the Office of Fair Employment Practices of an unlawful practice, so as to require the administrator of the Office of Fair Employment Practices to issue periodic status reports with respect to complaints of unlawful practices.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot Bargeron Y Barnett.B Y Barnett.M Beck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
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
Cox Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner
Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam
Mobley Moody Y Moore Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan
Y Waddle Walker,C
Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Yates 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.
The Speaker Pro Tern assumed the Chair.
HB 322. By Representative Stephens of the 68th:
A bill to amend Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, so as to require personal or written notice to be given to the defendant and the defendant's attorney of entry of a nolle prosequi.
The following Committee substitute was read and adopted:
302
JOURNAL OF THE HOUSE,
A BILL
To amend Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, so as to require personal or written notice to be given to the defendant and the defendant's attorney of record of entry of a nolle prosequi; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 17-8-3 to read as follows:
"17-8-3. After an examination of the case in open court and before it has been submitted to a jury, the prosecuting attorney may enter a nolle prosequi with the consent of the court. After the case has been submitted to a jury, a nolle prosequi shall not be entered except by the consent of the defendant. The prosecuting attorney shall notify the defendant and the defendant's attorney of record within 30 days of the entry of a nolle prosequi either personally or in writing; such written notice shall be sent by regular mail to the defendant at the defendant's last known address and to the defendant's attorney of record."
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H
Clark.L Y Colbert
Coleman Y Colwell
Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B
Cummings,M Y Davis.C
Y Davis.G Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Under Y Long
Lord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 154, nays 0.
MONDAY, JANUARY 30, 1989
303
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Byrd of the 153rd 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 106. By Representatives Oliver of the 53rd, Baker of the 51st and Groover of the 99th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials, so as to provide that in civil jury trials the court may retain one or more of the alternate jurors until the jury has agreed upon a verdict.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin YIsakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams ,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 5. By Representative Watson of the 114th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, so as to change the definition of the term "business opportunity".
The following Committee substitute was read and adopted:
304
JOURNAL OF THE HOUSE,
A BILL
To amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, so as to change the definition of the term "business opportunity"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, is amended by striking paragraph (2) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(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 er wiH derive income from
tunity; ef 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 subparagraph shall not apply to the sale of a sales program or 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; er (iv) Any insurance agency; or ; (v) Any offer or sale of a business opportunity where the seller has a net worth on a consolidated basis of not less than $15 million as determined on the basis of the seller's most recent audited financial statement; and where the seller satisfies all of the following conditions or is a wholly owned subsidiary of a company that satisfies all of the following conditions:
Seller is a publicly traded company (II) Seller has a class of securities registered pursuant to Section 12(b) or 12(g) of the Securities Exchange Act of 1934 and has timely filed all reports required under Sections 13 and 14 of the Securities Exchange Act of 1934 for a period of 36 months;
MONDAY, JANUARY 30, 1989
305
(III) Seller has not failed to pay any dividend or defaulted on any loan payment in the last five fiscal years;
(IV) Seller has an annual trading volume of stock of 3,000,000 shares or more; and
(V) Seller has an aggregate market value of the voting stock held by nonaffiliates of $100 million or more."
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 Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck
Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Clark.L
Y Colbert Coleman
Y Colwell Connell
Y Couch Cox
Y Crawford
Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis.G
Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Steele
Y Stephens Y Teper Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan
Waddle Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White
Wilder
Y Williams.B Williams ,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 178. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide for legislative intent; to provide that the Commissioner of Insurance shall compile and distribute to the members of the General Assembly a supplemental annual report on the property and casualty insurance industry.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
306
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams
Y Aiken
Y Alford
Y Alien
Y Athon
Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B
Y Barnett.M
Beck
Y Benefield Benn
Birdsong
Y Bishop Y Bostick Y Branch
Y Breedlove
Y 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 Y Coleman Y Colwell
Connell
Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover
Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee
Y Goodwin
Y Green Y Greene
Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren
Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W
Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord Y Lucas
Lupton Y Mangum
Y Martin
Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C
Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish
Y Patten Y Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Smyre
Y Snow Y Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens
Y Teper
Y Thomas.C Y Thomas.M
Y Thompson
Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker.L
Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates
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.
HB 113. By Representatives Royal of the 144th, Greene of the 130th, Balkcom of the 140th and Holland of the 136th:
A bill to amend Section 21-3-64 of the Official Code of Georgia Annotated, relating to the authority of the General Assembly by local law to change terms of office of elected municipal officers, so as to provide additional authority for the enactment of such local laws.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey
Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn
Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell
Connell
Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Y Dixon.H
Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards
Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham
Y Griffin
Y Groover Y Hamilton
MONDAY, JANUARY 30, 1989
307
Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford 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.B Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody
Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith, W Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
Y White Y Wilder Y Williams.B
Williams,J Y Yates
Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 381. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th and Coleman of the 118th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1989, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1988-1989, known as the "General Appropriations Act", approved April 14, 1988 (Ga. L. 1988, p. 1998), so as to provide for an increase in employer contributions to the health insurance fund for state employees from existing appropriations; to change certain appropriations for the State Fiscal Year 1988-1989; to make language and other changes; 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 providing appropriations for the State Fiscal Year 1988-1989, known as the "General Appropriations Act", approved April 14, 1988 (Ga. L. 1988, p. 1998), is amended by inserting a new, third paragraph into Section 54 to read as follows:
For the purpose of increasing the employer contribution to the state employees health insurance fund from existing appropriations, there is hereby appropriated from each existing object class appropriation, from which such contributions have been funded, an amount equal to 125 percent of the employer contribution actually paid from such object class for the first quarter of Fiscal Year 1988-1989, and to the extent not so committed by rate increase, to remain appropriated for the general purposes of the object class.
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.
308
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C
Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith,P Y Smith.T Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker,L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Yates Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 58. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for the issuance of a special pharmacy permit for pharmacies operated by colleges of pharmacy and provide for rules and regulations relating thereto.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Breedlove
Y Brooks Brown
YBuck Y Buford YByrd
Y Carrell Y Carter Y Chamble!
Y Chance Y Cheeks Y Childers
Y Clark,B Y Clark.H
Clark.L Y Colbert Y Coleman
MONDAY, JANUARY 30, 1989
309
Colwell Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M N Davis,C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd
Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham
Griffin
Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford 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.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L YWall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 157, nays 1. The Bill, having received the requisite constitutional majority, was
HB 206. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 42 of Title 33 of the Official Code of Georgia Annotated, relating to long-term care insurance, so as to allow such insurance to be provided through a rider to a life insurance policy or by inclusion of a long-term care provision within a life insurance policy; to provide for applicability; to prohibit in certain policies a requirement of institutionalization prior to the payment of benefits.
The following amendment was read and adopted:
The House Committee on Insurance moves to amend HB 206 by adding on line 8 of page 1 after the word "benefits" and before the semicolon the following:
"unless alternate policies are offered".
By striking lines 14 through 19 of page 3 and inserting in lieu thereof the following:
"(2) Notwithstanding paragraph (1) of this subsection, no long-term care insurance policy which conditions the eligibility of benefits on prior hospitalization may be delivered or issued for delivery in this state unless the insurer or other entity offering that policy also offers a long-term care insurance policy which does not condition eligibility of benefits on such a requirement."
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 Abernathy Y Adams
Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey
Y Baker
Y Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B
310
JOURNAL OF THE HOUSE,
Y Barnett.M Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks
Brown
YBuck Y Buford YByrd Y Carrell
Y Carter
Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards
Y Ehrhart Felton
Y Fennel
Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover
Y Hamilton Y Manner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren
Y Hudson
Y Irwin
Y Isakson
Y Jackson,J
Jackson.W
Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston
Y Lane.D Y Lane.R Y Langford 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.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M
YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston
YPoag
Y Porter Poston
Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,P
Y Smith.T
Y Smith, W
Y Smyre
YSnow Y Stancil.F Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper
Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates
Yeargin Murphy ,Spkr
On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 271. By Representatives Jamieson of the llth, Dover of the llth, Smith of the 78th, Barnett of the 10th, Porter of the 119th and McDonald of the 12th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to increase the applicable occupant load with respect to churches.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick
Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark.L Y Colbert
Y Coleman Y Colwell
Connell
Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd Y Foster
Y Godbee
Y Goodwin Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin
Y McCoy
MONDAY, JANUARY 30, 1989
311
Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morion
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter
Poston Y Powell Y Rainey Y Randall Y Ransom
YRay
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre
YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L YWall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates
Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on Governmental Affairs and referred to the Committee on State Planning and Community Affairs:
HB 167. By Representative Redding of the 50th:
A bill 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 provide that the working test period of employment shall not apply to an interdepartmental transfer.
HB 465. By Representatives Childers of the 15th, McKelvey of the 15th and Pettit of the 19th:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, so as to repeal Code Section 36-36-22.1, relating to limitations upon annexation by certain municipalities having independent school systems; to prohibit any municipality having an independent school system from annexing certain property without approval of the governing authority of the county.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 217. By Representative Buford of the 103rd:
A bill to amend Code Section 25-3-2 of the Official Code of Georgia Annotated, relating to powers of fire departments in event of emergencies generally, so as to expand the emergency powers of fire departments.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Adams
Y Aiken Y Alford Y Alien
Athon
Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B
Y Barnett.M Beck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
Byrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
312
JOURNAL OF THE HOUSE,
Y Clark.B Y Clark.H
Clark.L
Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis.C
Davis.G Davis.M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Y Green
Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin YIsakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morion Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston
YPoag Y Porter
Poston
Y Powell Y Rainey
Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith.L Y Smith,P Y Smith.T Y Smith, W
Y Smyre YSnow
Y Stancil.F Y Stantil.S Y Stanley Y Steele
Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Byrd of the 153rd 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 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
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 provide for special license plates for commemorating colleges or universities; to provide that applications for such special license plates shall be made to the commissioner.
The following amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 301 by striking from lines 10 through 12 of page 2 the following:
"The county name decal shall be required on all license plates commemorating a college or university.",
and inserting in lieu thereof the following:
"The name of the college or university shall be imprinted on such special license plate in lieu of the county name decal."
The following amendment was read and lost:
Representative Bishop of the 94th moves to amend HB 301 as follows:
By striking the language on page 2 line 33 starting with the word "not" and continuing through the end of that sentence at line 35 and inserting in lieu thereof the following:
MONDAY, JANUARY 30, 1989
313
"be authorized to charge an additional fee to cover the necessary cost for design and manufacture of such commemorative license plates where less than 1,000 but at least 500 applications have been received."
An amendment, offered by Representative McKinney of the 35th, was read and withdrawn.
The following amendment was read and adopted:
Representative Jackson of the 9th moves to amend HB 301 by inserting on line 10 of page 1 after the word and symbol "plates;" the following:
"to authorize the commissioner to provide for the design of special license plates for disabled veterans;",
by inserting between lines 11 and 12 of page 3 the following:
"Section 3. Said chapter is further amended by striking subsection (a) of Code Section 40-2-70, relating to the design of disabled veterans license plates, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The commissioner is directed to furnish the license plates provided for in Code Sections 40-2-68 and 40-2-69. Such plates sneH fee printed m three colors: redj white,
year. Each The commissioner is authorized to design such special license plates provided that each plate shall contain, in bold characters, the name of the state, or abbreviation thereof, the year, the serial number, and either the words "Handicapped Veteran" or "Handicapped Vet." ' ",
and by redesignating Sections 3 and 4 as Sections 4 and 5, respectively.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck
Y Buford
YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis,C Y Davis.G Y Davis,M
Y Dixon.H Y Dixon.S Y Dobbs
Y Dover
Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson
Y Irwin
Y Isakson Y Jackson.J
Jackson.W
Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
Y McDonald Y McKelvey Y McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M
YOrr Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter
Poston Y Powell
Y Rainey Y Randall Y Ransom
314
JOURNAL OF THE HOUSE,
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus
Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 329. By Representatives Thomas of the 69th, Twiggs of the 4th, Colwell of the 4th and Kilgore of the 42nd:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to the jurisdiction and duties of the Georgia State Patrol, so as to provide for the authority of the Uniform Division to close an interstate highway in an emergency situation.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman
Colwell Connell Y Couch Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd Y Foster
Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston
YPoag Y Porter
Poston Y Powell Y Rainey Y Randall
Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Smith.L
Y Smith.P Y Smith.T Y Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.
MONDAY, JANUARY 30, 1989
315
HB 57. By Representative Alien of the 127th:
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 the calculation of loss of income benefits in the event the injured insured is the sole shareholder of a professional corporation.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy
Y Adams Aiken
Y Alford Y Alien Y Athon
Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman
Colwell Connell Y Couch Cox Y Crawford Y Crosby Y Cummings.B Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett
Pannell
Y Parham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter
Poston Y Powell Y Rainey Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Seltnan Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F
Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J
Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 268. By Representatives Oliver of the 53rd and Alien of the 127th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to remove the offense of possessing with intent to distribute any controlled substance from the list of those offenses bailable only before a judge of the superior court.
Representative Groover of the 99th moved that further consideration of HB 268 be postponed until tomorrow, Tuesday, January 31, 1989, immediately following the period of unanimous consents.
Representative Wall of the 61st moved the previous question.
316
JOURNAL OF THE HOUSE,
On the motion, the roll call was ordered and the vote was as follows:
N Aaron N Abernathy N Adams Y Aiken N Alford Y Alien
Athon Y Atkins
Bailey Baker
N Balkcom Y Bannister
N Barfoot Y Bargeron N Barnett.B Y Barnett,M
Beck N Benefield YBenn
N Birdsong N Bishop N Bostick Y Branch
N Breedlove N Brooks
Brown NBuck N Buford NByrd Y Carrell
Carter N Chambless N Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H
Clark.L Y Colbert
Coleman N Colwell
Connell
N Couch Cox Crawford
N Crosby N Cummings,B N Cummings,M Y Davis.C
N Davis.G Y Davis.M
Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Ehrhart Y Felton N Fennel N Floyd N Foster Y Godbee Y Goodwin N Green N Greene Y Gresham N Griffin N Groover N Hamilton N Hanner Y Harris
Y Hasty Y Heard N Herbert N Holcomb N Holland Y Holmes N Hooks N Howren Y Hudson N Irwin
Y Isakson N Jackson,J
Jackson.W Y Jamieson N Jenkins
Johnson Y Jones N Kilgore Y Kingston
N Lane,D N Lane.R Y Langford Y Lawrence N Lawson NLee
Linder Long Y Lord Lucas Y Lupton Mangum
N Martin N McCoy
McDonald Y McKelvey N McKinney.B
N McKinney.C
Y Meadows N Milam Y Mobley Y Moody N Moore Y Morton
N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock
N Padgett N Pannell N Parham N Parrish
Patten N Pettit
Pinkston YPoag
Porter Poston N Powell Rainey
N Randall Y Ransom NRay N Reaves N Redding N Richardson
Y Ricketson Robinson
N Royal Y Selman
N Simpson
N Sinkfield
N Smith.L Y Smith,P N Smith.T Y Smith, W
Smyre NSnow
N Stancil.F Y Stancil.S
Stanley
Steele Y Stephens N Teper N Thomas.C N Thomas.M
Thompson N Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C N Walker.L
Y Wall Ware
N Watson N Watts
White Y Wilder
Y Williams.B Williams,J
N Yates N Yeargin
Murphy.Spkr
On the motion, the ayes were 56, nays 89. The motion was lost.
Representative Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
On the motion to postpone, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams N Aiken Y Alford Y Alien
Athon N Atkins
Bailey Baker Y Balkcom
N Bannister Y Barfoot Y Bargeron Y Barnett,B N Barnett.M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell
Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B N Clark.H
Clark.L
N Colbert Coleman
Y Colwell Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M N Davis.C Y Davis.G
N Davis.M Dixon.H
Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards
N Ehrhart N Felton Y Fennel Y Floyd Y Foster N Godbee N Goodwin Y Green Y Greene N Gresham N Griffin Y Groover Y Hamilton Y Manner Y Harris N Hasty N Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin
N Isakson Y Jackson,J
Jackson.W N Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R N Langford N Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas N Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney,B Y McKinney.C
N Meadows Y Milam
Y Mobley Y Moody
Y Moore N Morton N Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
MONDAY, JANUARY 30, 1989
317
Patten Y Pettit
Pinkston
N Poag Porter Poston
N Powell Y Rainey Y Randall N Ransom Y Ray
Y Reaves Redding
Y Richardson
N Ricketson Robinson
Y Royal N Selman Y Simpson Y Sinkfield Y Smith.L N Smith,?
Y Smith.T N Smith.W
Smyre
Y Snow Y Stancil.F N Stancil.S
Stanley N Steele N Stephens Y Teper Y Thomas.C
Y Thomas.M Thompson
Y Thurmond
N Titus N Tolbert N Townsend
Twiggs N Vaughan Y Waddle
Walker.C Y Walker.L
N Wall Ware
Y Watson
Y Watts White
N Wilder N Williams,B
Williams,J N Yates Y Yeargin
Murphy.Spkr
On the motion, the ayes were 104, nays 44.
The motion prevailed and HB 268 was postponed until January 31, 1989, immediately following the period of unanimous consents.
HB 94. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to requirements for the revocation of probated or suspended sentences, so as to authorize the court to consider the service of sentences pursuant to probation revocation in alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration.
The following amendment was read and adopted:
The Committee on State Institutions and Property moves to amend HB 94 by inserting in line 8 of page 1 between the word "alternatives" and the word "deemed" the following:
"to confinement".
By inserting in line 10 on page 2 between the word "alternative" and the word "deemed" the following:
"to confinement".
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett.M Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y 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
Y Coleman Y Colwell
Connell
Y Couch Cox Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Dobbs
Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Banner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder
Y Long Y Lord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy
318
JOURNAL OF THE HOUSE,
Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam
YMobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orr
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten
Y Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell
Rainey
Y Randall Y Ransom
Y Ray Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 169. By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution commending Frances Frazier and inviting her to appear before the House of Representatives.
HR 175. By Representatives Wilder of the 21st, Isakson of the 21st, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending Shan Hatfield and inviting him to appear before the House of Representatives.
HR 188. By Representatives Birdsong of the 104th, Buford of the 103rd, Pinkston of the 100th and Groover of the 99th:
A resolution commending the Tattnall Square Academy Trojans football team and inviting them to appear before the House of Representatives.
The following Resolutions of the House were read and referred to the Committee on Agriculture and Consumer Affairs:
HR 170. By Representatives Reaves of the 147th, Godbee of the 110th, Oliver of the 121st, Byrd of the 153rd, Lord of the 107th and others:
A resolution proclaiming February 1, 1989, as Georgia Farm Bureau Day at the state capitol.
HR 171. By Representatives Branch of the 137th, Reaves of the 147th, Moody of the 153rd, Moore of the 139th, Smith of the 16th and others:
A resolution urging a delay in the reintroduction of the proposed federal "Farm Conservation and Water Protection Act of 1988".
HR 172. By Representatives Lane of the lllth, Oliver of the 121st, Godbee of the 110th, Parrish of the 109th, Byrd of the 153rd and others:
A resolution urging the Secretary of Agriculture of the United States to adopt the proposed federal marketing order for Vidalia onions.
MONDAY, JANUARY 30, 1989
319
The following Resolutions of the House were read and adopted:
HR 173. By Representative Carrell of the 65th: A resolution commending Amelia W. "Millie" Garrett.
HR 174. By Representative Carrell of the 65th: A resolution commending Kathryn Sanders.
HR 176. By Representatives Long of the 142nd, Titus of the 143rd and Royal of the 144th:
A resolution commending the varsity cheerleaders of Thomasville High School.
HR 177. By Representatives Stephens of the 68th, Mobley of the 64th, Irwin of the 13th, Clark of the 13th, Pettit of the 19th and others:
A resolution commending the University of Georgia football team.
HR 178. By Representative Mobley of the 64th: A resolution commending Latashia Rogers.
HR 179. By Representative Rainey of the 135th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state's greatest barbecue cooking contest.
HR 180. By Representative Greene of the 130th: A resolution commending Honorable J. T. Bruner.
HR 181. By Representatives Long of the 142nd, Titus of the 143rd and Royal of the 144th:
A resolution commending the Thomasville High School "Bulldogs".
HR 182. By Representative Mobley of the 64th: A resolution honoring Mrs. Edna A. Jennings.
HR 183. By Representatives Smith of the 78th, Dunn of the 73rd, Jenkins of the 80th, Adams of the 79th, Jamieson of the llth and others:
A resolution commending Honorable Sam Lloyd Whitmire.
HR 184. By Representative Mobley of the 64th: A resolution recognizing Dr. Donald Hight.
HR 185. By Representatives Brooks of the 34th and Jones of the 71st:
A resolution expressing regret at the passing of Mr. Willie Phenzie Mitchell, Sr.
320
JOURNAL OF THE HOUSE,
HR 186. By Representative Martin of the 26th: A resolution commending Mr. Alan Jamieson.
HR 187. By Representatives Brooks of the 34th, Dobbs of the 74th and Redding of the 50th:
A resolution expressing regret at the passing of Mr. Daniel W. Young, Sr.
The following communication from the Speaker was read:
House of Representatives Atlanta, Georgia
January 24, 1989
Honorable Jimmy Benefield Representative, District 72, Post 2 6656 Morning Dove Place Jonesboro, Georgia 30236
Dear Jimmy:
As requested by you, I am this date removing you from the Education Committee and assigning you to the University Systems Committee.
TBM:ku
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Mr. Paul Lynch, Legislative Fiscal Officer Mr. Glenn Ellard, Clerk of the House Honorable Bill Mangum, Chairman, Education Committee Honorable Tom Buck, Chairman, University Systems Committee Public Information Office
The following communication from the Secretary of State was received and read:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons, numbered 709 through 811, who have registered in the Docket of Legislative Appearance as of January 27, 1989, 3:00 p.m. in accordance with Georgia Law 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 27th day of January, in the year of our Lord One Thousand Nine Hundred and Eighty-nine and of the Independence of the United States of America the Two Hundred and Thirteenth.
(SEAL)
/s/ Max Cleland Secretary of State
MONDAY, JANUARY 30, 1989
321
709. Gary E. Jackson Citizen 2670 Margaret Mitchell Dr. N.W. Atlanta, Georgia 30327
710. Clifford S. Avery Citizen 1230 Mimosa Cir. Mableton, Georgia 30059
711. John H. Haugaard Parley, Inc. 2400 First Atlanta Tower Atlanta, Georgia 30383
712. Shirley Brother Citizen 119 Pharr Road, N.W. #B-2 Atlanta, Georgia 30305
713. Paul L. Shanor Medical Association of Georgia MAG Mutual Insurance Company 938 Peachtree Street Atlanta, Georgia 30309
714. Rev. Harwood Bartlett Episcopal Diocese of Atlanta 645 Spring Street, N.W. Atlanta, Georgia 30308
715. Dave J. Miller Citizen 187 Edgewood Avenue, N.E. Atlanta, Georgia 30303
716. Robert L. Scott Lederle Laboratories 115 Perimeter Center Place Suite 415 Atlanta, Georgia 30518
717. C. Phillip McDonald Mental Health Association of Georgia, Inc. 1244 Clairmont Road Suite 204 Decatur, Georgia 30030
718. Albert Chapar, Jr. Georgia State University College of Law 325 Kendrick Avenue, S.E. Atlanta, Georgia 30315
719. WM. D. Padgett Trust Company of Georgia Suntrust Banks Inc. P.O. Box 4418 Atlanta, Georgia 30302
720. Fred Menefee Parley, Inc. 225 Peachtree Street Atlanta, Georgia 30303
721. Sally Tyler Georgia Abortion Rights Action League 235 E. Ponce De Leon Decatur, Georgia 30030
722. Betty J. Grant Georgia National Organization for Women 2698 Foster Ridge Road Atlanta, Georgia 30345
723. Lynne A. Randall Georgians for Choice 580 14th Street, N.W. Atlanta, Georgia 30318
724. Ann Wells White Georgians for Choice Georgia Women's Political Caucus Planned Parenthood of the Atlanta Area 145 Fifteenth Street, #1237 Atlanta, Georgia 30361
725. Dorothy P. Spence Georgia Association American Institute of Architects 1197 Peachtree Street Atlanta, Georgia 30361
726. Priscilla Casiolini Citizen's and Agencies for Troubled Children Georgia Alliance for the Mentally 111 Mental Health Association of Metro Atlanta 342 Nalley Drive Stone Mountain, Georgia 30087
727. Cheri Marie Villines C.A.T.C.H. DeKalb County Sexual Abuse Task Force 2218 McCurdy Road Stone Mountain, Georgia 30083
728. Conrad J. Sechler Georgia Financial Services Association Eagle Bancshares, Inc. Central Underwriters, Inc. 2355 Main Street Tucker, Georgia 30084
322
JOURNAL OF THE HOUSE,
729. Prentiss Q. Yancey Parley Industries 333 Peachtree Road Suite 1800, East Tower Atlanta, Georgia 30326-1010
730. Jacquelyn Harmon Saylor March of Dimes 142 Seventeenth Street, N.E. Atlanta, Georgia 30309
731. Peggy A. Ashe Mental Health Association of Georgia Mental Health Assoc. of Ga. 1244 Clairmont Rd. Ste. 204 Decatur, Georgia 30236
732. James C. Thompson United Auto Workers 1280 Winchester Park Suite 131 Smyrna, Georgia 30080
733. Deborah L. Sheppard Campaign for a Prosperous Georgia 1083 Austin Avenue Atlanta, Georgia 30307
734. Teresa A. Lewis Citizen Georgia Cable Association 1022 Old Bush Mill Road Bremen, Georgia 30110
735. J.D. Dennis Cobb Chamber of Commerce Civil Air Patrol, Georgia Wing Post Office Box Cobb Marietta, Georgia 30067
736. Mary Lou Romaine Atlanta Federation of Teachers Georgia Federation of Teachers Georgia AFL-CIO 374 Maynard Terrace No. 202 Atlanta, Georgia 30316
737. Clinch G. Norsworthy, III Georgia Council on Moral and Civic Concerns, Inc. 200 Forrest Lake Drive, N.W. Atlanta, Georgia 30327
738. J.P. Harrington, Jr. Professional Insurance Agents of Georgia 39 S. Peachtree Street Norcross, Georgia 30071
739. Tiersa Hays Hopkins Citizen 208 Sabrina Court Woodstock, Georgia 30188
740. Harold Russell Farley, Inc. Radar, Inc. Georgia Association of Realtors Eastern Airlines 2400 First Atlanta Tower Atlanta, Georgia 30383
741. John P. Tucker, Jr. Georgia Pro-Life Coalition Fannin County Board of Commissioners 1800 Peachtree Rd., N.W. #520 Atlanta, Georgia 30309
742. Gene Sanders United Auto Workers Union 1280 Winchester Parkway Suite 131 Smyrna, Georgia 30080
743. Billy L. Adams Southeastern Farm & Power Equipment Association 428 Academy Avenue Dublin, Georgia 31021
744. Randall Peters Independant Insurance Agents of Georgia 112 Nashville Street Ringgold, Georgia 30736
645. Travis Ann Johnson Georgia State University Student Government Citizen 5775 Glenridge Drive Atlanta, Georgia 30319
746. Bill Reusing Citizen 501 Brookfield Drive Atlanta, Georgia 30342
747. Kip Loggins Allstate Insurance Company Suite 900 5605 Glenridge Drive Atlanta, Georgia 30342
MONDAY, JANUARY 30, 1989
323
748. Roger T. Lane Georgia Oilmen's Association 3581 Habersham At North Lake Tucker, Georgia 30278
749. Eddie S. Castleberry Parley, Inc. 2045 Peachtree Road Atlanta, Georgia 30309
750. Ida Sue Katz Fulton County School System 1288 Briardale Lane, N.E. Atlanta, Georgia 30306
751. Marshall L. Mitchell Farley Industries Suite 233 142 Mitchell Street Atlanta, Georgia 30303
752. Lou Walker Citizen 230 Peachtree Street Suite 1875 Atlanta, Georgia 30303
753. Jack Cory Southern Lobbying Serv., Inc. Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service National Tire Resources, Inc. Alamo Car Rental Inc. 120 E. Jefferson Street Tallahassee, FL 32301
754. David S. Morrison Jenkins, Morrison & Scott, Inc. 1000 Circle 75 Parkway Suite 500 Atlanta, Georgia 30332
755. Alan 0. Toney Georgia Sierra Club 1241 Pitts Road Dunwoody, Georgia 30350
756. H. Lamar Mixson Farley Inc. 39th Floor IBM Tower 1201 W. Peachtree Street Atlanta, Georgia 30309
757. John L. Latham Farley Inc. 2 Peachtree Street Atlanta, Georgia 30383
758. Harold B. Mincey Communication Workers of America 3516 Covington Highway Decatur, Georgia 30032
759. Reginald Strickland Georgia Property & Casualty Insurance Companies Georgia Premium Finance Assn. Georgia Surplus Lines Assn. 3109 Crossing Park Post Office Box 129 (MAIL) Norcross, Georgia 30091
760. Mark A. Newton Students for an Educated Ga. 1125 Tumlin Street Atlanta, Georgia 30318
761. Joyce Head Friends 961 Desoto Street, N.W. Apartment 31 Atlanta, Georgia 30314
762. Jim Foster Georgia Police Benevolent Association 1597 Phoenix Blvd. Atlanta, Georgia 30347
763. Neal H. Ray Heyman & Sizemore 1940 Equitable Building Atlanta, Georgia 30303
764. Keyna Dyar Cory Southern Lobbying Serv., Inc. Attwoods, Inc. Medx, Inc. Vesta Technology Industrial Waste Service National Tire Resources, Inc. Alamo Car Rental Inc. 120 East Jefferson Street Tallahassee, FL 32301
765. Alex W. Smith Charles Bartenfeld Farley, Inc. 2400 First Atlanta Tower Atlanta, Georgia 30383
766. James N. Parkman Business Council of Georgia 233 Peachtree Street Suite #200 Atlanta, Georgia 30076
324
JOURNAL OF THE HOUSE,
767. Martha A. Schoonmaker Georgia Development Alliance Georgia Industrial Developers Association 233 Peachtree Street Suite #200 Atlanta, Georgia 30303
768. Lawrence A. Ingwell Georgia Safety Council, Inc. 2581 Piedmont Rd., N.E. S-1150 Atlanta, Georgia 30324
769. Donald C. Colby United Technologies/Pratt & Whitney Post Office Box 9903 Columbus, Georgia 31908
770. Steve Glass Georgia Society of Hospital Pharmacists 570 Fidelity Nat'1 Bank Bldg. Decatur, Georgia 30033
771. Deborah Garber Citizen Post Office Box 7191 Atlanta, Georgia 30357
772. Jeff Bickerstaff American Family Life 1821 Iris Drive Columbus, Georgia 31906
773. Linda M. Wiltse Young Women's Christian Association 957 North Highland Avenue Atlanta, Georgia 30306
774. Sharon A. Hunt Georgia Society of Association Executives 2786 North Decatur Road Decatur, Georgia 30033
775. Vickie Moody Beasley Georgia Association of Homes and Services for the Aging 2719 Buford Hwy #207 Atlanta, Georgia 30324
776. Martin J. Benton, Liberty Federation Moral Majority of Georgia 2615 Sandy Plains Road Suite 100 Marietta, Georgia 30066
777. Richard P. Jones Info. Systems Consultants Association, Inc. Southeastern Software Association, Inc. 5038 Lakeside Drive Atlanta, Georgia 30360
778. Jill A. Dowling Citizen Agnes Scott College Post Office Box 93 Decatur, Georgia 30030
779. J. Render Hill US Telecom Court Square Greenville, Georgia 30222
780. Todd Mitchell Krohn Metropolitan Atlanta Crime Commission 100 Edgewood Ave., N.E. Room. 128 Atlanta, Georgia 30303
781. Hazel C. Cotney Georgia Chiropractic Association 142 Mitchell Street, S.W. Suite LL1 Atlanta, Georgia 30303
782. Paul "Mike" Holland, Jr. Towing and Recovery Association of Georgia 2509 Browns Bridge Road Gainesville, Georgia 30501
783. Colin S. Braybrooks United Family Life Ins. Co. 230 Houston Street, N.E. Atlanta, Georgia 30303
784. Travis W. Barlow Citizen Post Office Box 686 Pooler, Georgia 31322
785. Holden L. Ostrin Parley, Inc. 2400 First Atlanta Tower Atlanta, Georgia 30383
786. J.V. "Jim" Spann Georgia Association of Professional Bondsmen 1003 Bay Berry Lane Lawrenceville, Georgia 30243
MONDAY, JANUARY 30, 1989
325
787. J.C. Reynolds Amalgamated Transit Union 501 Pulliam Street, S.W. Suite 350 Atlanta, Georgia 30312
788. Jack H. Housworth Mechanical Industrial Council 1950 Century Boulevard Suite 5 Atlanta, Georgia 30345
789. Michael Axon Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO 374 Maynard Ter., S.E., #202 Atlanta, Georgia 30316
790. Leila Cheney-Pettway Atlanta Federation of Teachers Georgia Federation of Teachers AFL-CIO 374 Maynard Terrace, S.E. Atlanta, Georgia 30316
791. James R. Davis Georgia Association of Assessing Officials 439 Cotton Avenue Macon, Georgia 31201
792. H. Russell Gross Voter Information Council 2045 Peachtree Road, N.E. Atlanta, Georgia 30309
793. Judson W. Patten Georgia Association of Educators Muscogee Association of Educators Richards Junior High School 2892 Edgewood Road Columbus, Georgia 31906
794. L. Wayne Lanier Muscogee Association of Educators 2892 Edgewood Road Columbus, Georgia 31906
795. Donna 0. Kemp Muscogee Association of Educators Georgia Association of Educators Wynnton Building, Suite #305 2210 Wynnton Road Columbus, Georgia 31906
796. Jolene Fike Muscogee Association of Educators Georgia Association of Educators 2210 Wynnton Road Wynnton Building, Suite #305 Columbus, Georgia 31906
797. Judy Mullins Muscogee Association of Educators Georgia Association of Educators 2210 Wynnton Road Wynnton Building, Suite #305 Columbus, Georgia 31906
798. Larry W. Shackelford Browning-Ferris Industries of Georgia, Inc. Browning-Ferris Ind., Inc. 20 Technology Parkway Suite 160 Norcross, Georgia 30092
799. James A. Pippin, Jr. Georgia Association of Educators Eddy Junior High School Columbus, Georgia 31903
800. Dale Toddy Muscogee Association of Educators 2100 S. Lumpkin Road Columbus, Georgia 31907
801. James A. Cody Georgia Sheriffs Associaton 4301 Memorial Drive Suite K Decatur, Georgia 30032
802. Donna Roberts Georgia Association of Educators Citizen 164 Independence Drive Carrollton, Georgia 30177
803. Gwenda R. Bell Georgia Association of Educators Citizen 113 Central High Road Carrollton, Georgia 30117
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804. Scott Taylor Georgia State University Law Review 4201 Wash Lee Court Lilburn, Georgia
805. John M. Albertine Parley, Inc. 6300 Sears Tower Chicage, IL 60606
806. William Parley Parley, Inc. 6300 Sears Tower Chicago, IL 60606
807. Mitchell H. Alien American Freedom Fighters American's for Freedom 513 Bristle Cone Drive Macon, Georgia 31210
808. Winnie Crockett Georgia Association of Educators Muscogee Association of Educators 2011 51st Street Columbus, Georgia 31904
809. Brenda E. Bryan Georgia Association of Educators Muscogee Association of Educators 2892 Edgewood Road Columbus, Georgia 31906
810. Wanda Bullard Georgia Association of Educators Glynn Co. Middle School George Street Brunswick, Georgia 31522
811. Cheryl Gragg Georgia Association of Educators Citizen Risley Elementary School 1800 Albany Street Brunswick, Georgia 31520
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, JANUARY 31, 1989
327
Representative Hall, Atlanta, Georgia Tuesday, January 31, 1989
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 Ed Wadsworth, Associate Pastor, Oak Grove United Methodist Church, Decatur, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 512. By Representative Reaves of the 147th: A bill to amend an Act creating the board of county commissioners of Brooks County, so as to change the compensation of the chairman and the members of the board of county commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 513. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st: A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to permit an insurer to issue variable annuity contracts to pension, retirement, or profit-sharing plans which meet the requirements of Section 414 of the United States Internal Revenue Code.
Referred to the Committee on Insurance.
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JOURNAL OF THE HOUSE,
HB 514. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st:
A bill to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Insurers Insolvency Pool, so as to provide what shall be considered a covered claim for unearned premium; to provide exclusions to the definition of property and casualty insurance; to provide that the pool as a legal entity and any of its individual members shall have no cause of action against an insured of an insolvent insurer for sums paid by the pool.
Referred to the Committee on Insurance.
HB 515. By Representative Orrock of the 30th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to provide that housing units in certain urban redevelopment areas shall be eligible for consideration as urban enterprise zones.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 516. By Representative Hamilton of the 124th:
A bill to amend Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, so as to provide for a tangible savings award to be granted under certain circumstances.
Referred to the Committee on Industry.
HB 517. By Representatives Smith of the 156th, Benefield of the 72nd, Robinson of the 96th, Bargeron of the 108th and Dunn of the 73rd:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in general, so as to provide that an additional bond be posted to cover the cost of fuel stolen at a service station; to provide that a receipt be issued for such bond; to provide that the money be held in escrow by the court having jurisdiction of the offense.
Referred to the Committee on Special Judiciary.
HB 518. By Representative Johnson of the 123rd:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to provide for and require an annual safety and equipment inspection for certain vehicles.
Referred to the Committee on Motor Vehicles.
HB 521. By Representatives Clark of the 20th, Dobbs of the 74th, Aiken of the 21st, Atkins of the 21st, Wilder of the 21st and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for certain reports relating to recycling and waste reduction; to provide for county and municipal recycling programs and provide standards and conditions regarding those programs.
Referred to the Committee on Natural Resources & Environment.
TUESDAY, JANUARY 31, 1989
329
HB 522. By Representatives Clark of the 20th and Wilder of the 21st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to provide that the required notice of intention to introduce local legislation must be signed by or accompanied by signed authorization from a member of the General Assembly or a member-elect of the General Assembly.
Referred to the Committee on Governmental Affairs.
HB 523. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 527. By Representatives Thomas of the 69th, Simpson of the 70th, Kilgore of the 42nd and Cummings of the 17th:
A bill to amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits for officers, noncommissioned officers, and troopers of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation, so as to change the provisions relating to the waiver of the mandatory retirement age for certain members of the Uniform Division of the Department of Public Safety.
Referred to the Committee on Retirement.
HB 528. 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 amount of expenses to be received by the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 529. By Representative Moultrie of the 93rd:
A bill to amend Article 2 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the great seal of the state, so as to prohibit the use or display of the great seal or a facsimile of the state emblem on or in connection with any campaign poster, sign, or advertisement for election to any public office.
Referred to the Committee on Governmental Affairs.
HB 530. By Representative Moultrie of the 93rd:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Shiloh for certain individuals.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 531. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the gopher tortoise as the official state reptile.
Referred to the Committee on Natural Resources & Environment.
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HB 532. By Representatives Johnson of the 123rd, Couch of the 36th, Bargeron of the 108th and Royal of the 144th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to change the provisions relating to the computation of income taxes for corporations; to provide job tax credits for corporate income taxes for certain corporations which create new full-time jobs in less developed counties.
Referred to the Committee on Ways & Means.
HB 533. By Representatives Breedlove of the 60th, Barnett of the 59th, Groover of the 99th, Walker of the 115th, Barnett of the 10th and others:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to the creation and declaration of materialman's liens on real property, so as to provide that notice of a claim of lien be sent to the property owner.
Referred to the Committee on Judiciary.
HB 534. 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.
Referred to the Committee on Transportation.
HB 535. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to change provisions relating to the regulation of fire sprinklers; to redefine certain terms used in said chapter; to require proof of liability insurance prior to issuance of a certificate of competency; to authorize the Georgia Fire Safety Commissioner to impose certain civil monetary penalties.
Referred to the Committee on Public Safety.
HB 536. By Representative Connell of the 87th:
A bill to amend an Act creating the Augusta Ports Authority, so as to change the definition of the term "project"; to change the provisions relating to powers of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 537. By Representatives Lupton of the 25th, Barnett of the 59th, Alien of the 127th, Isakson of the 21st, Colbert of the 23rd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle.
Referred to the Committee on Regulated Beverages.
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331
HB 538. By Representatives Godbee of the 110th, Reaves of the 147th, Greene of the 130th, Branch of the 137th, Oliver of the 121st and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that certain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof.
Referred to the Committee on Transportation.
HB 539. By Representative Holmes of the 28th:
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 and former employees of county departments of family and children services shall have the option to obtain creditable service under the Employees' Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 540. By Representatives White of the 132nd, Dover of the llth, McKelvey of the 15th, Cummings of the 134th, Aaron of the 56th and others:
A bill to amend Code Section 34-8-40 of the Official Code of Georgia Annotated, relating to the definition of the term "employment" under the "Employment Security Law," so as to change the provisions relating to the definition of the term "employment"; to provide that employees of the Georgia Federal-State Shipping Point Inspection Service shall be considered employees of the state.
Referred to the Committee on Industrial Relations.
HB 541. By Representatives White of the 132nd, Brooks of the 34th, Clark of the 13th and Abernathy of the 39th:
A bill to amend Part 5 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain law enforcement personnel under the Employees' Retirement System of Georgia, so as to authorize certain troopers within the Uniform Division of the Department of Public Safety upon attainment of 25 years of membership service as a trooper to retire and receive a monthly retirement benefit.
Referred to the Committee on Retirement.
HB 542. By Representative Buford of the 103rd:
A bill to amend Code Section 16-11-39 of the Official Code of Georgia Annotated, relating to the offense of opprobrious or abusive words, so as to provide for the offense of disorderly conduct.
Referred to the Committee on Special Judiciary.
HB 543. By Representative Colbert of the 23rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that a biological father shall have the right to establish a family relationship with his child when the father and mother of such child are not husband and wife; to provide a short title.
Referred to the Committee on Judiciary.
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HB 544. By Representatives Colbert of the 23rd, Barnett of the 59th, McDonald of the 12th, Coleman of the 118th, Dobbs of the 74th and others:
A bill to amend Code Section 40-2-75.1 of the Official Code of Georgia Annotated, relating to special license plates for firefighters, so as to increase the number of such special plates allowed each firefighter and to remove the provision providing for repeal of such licenses; to remove the manufacturing fee for such plates; to provide for license fees.
Referred to the Committee on Motor Vehicles.
HB 545. By Representative Chambless of the 133rd:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how liens are declared and created, records, commencement of actions, notices, and priorities, so as to provide for the filing of notices with the clerk of the superior court at the time certain actions in rem are filed; to provide for practices, procedures, and requirements connected therewith.
Referred to the Committee on Judiciary.
HB 546. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend an Act which amended Chapter 1 of Title 51 of the Official Code of Georgia Annotated, and which provided that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age, so as to correct a typographical error in a cross-reference.
Referred to the Committee on Judiciary.
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 567. By Representatives Coleman of the 118th, Green of the 106th, McDonald of the 12th, Walker of the 115th and Childers of the 15th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 493 HB 494 HB 495 HB 496 HMBR 4A9Q7S
HB 499
HB 500
HB 501
HB 502
HB 503
HB 504 HB 505 HB 506 HB 507 HHRB 5cn0o8
HB 509
HB 51
HB 511
HB 519
HB 520
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333
HB 524 HB 525 HB 526 HR 165 HR 166 HR 167 HR 168 SB 65
SB 66 SB 67 SB 84 SB 99 SB 103 SB 104 SB 139 SR 30
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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 170 Do Pass HR 172 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 265 Do Pass, by Substitute HB 309 Do Pass SB 82 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 155 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
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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 169 Do Pass HR 188 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 354 Do Pass, by Substitute HB 299 Do Pass SB 19 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 101st
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 219 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 219. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create a chairman and board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts.
The following Committee substitute was read and adopted:
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335
A BILL
To amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create a chairman and board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts; to provide for the internal organization and functioning of officials, employees, and departments subordinate to the chairman and board of commissioners; to provide for the management of financial affairs and the keeping and auditing of fiscal records of said county; to provide a system of budgets and allotments for the expenditure of county funds; to repeal a specific Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Governing authority, (a) There is hereby created the Board of Commissioners of Carroll County to be elected and organized as hereinafter provided. There is hereby created the office of chairman of the Board of Commissioners of Carroll County, and said chairman shall be a member of the commission and elected as hereinafter provided.
(b) The Board of Commissioners of Carroll County, hereinafter referred to as the "commission," and the chairman of the Board of Commissioners of Carroll County, hereinafter referred to as the "chairman" shall constitute the governing authority of Carroll County, and the respective powers and duties of the commission and the chairman shall be as provided in this Act.
Section 2. The commission, (a) The commission shall consist of seven members. There shall be six district commissioners and one at-large commissioner (the chairman).
(b) For the purpose of electing the six district commissioners, Carroll County shall be divided into six election districts as provided in Section 18 of this Act.
(c) Each district commissioner shall be a citizen of this state, at least 25 years of age, and shall have been a resident of the respective election district for at least one year immediately prior to taking office. Each district commissioner shall be elected by a majority of the electors voting within the respective election district. The chairman shall be elected by a majority of the electors voting from the county at large. Any commissioners who cease to be residents of their respective commissioner districts, or resident of the county in the case of the chairman, during their terms of office shall thereby vacate their seats on the commission. All members of the commission shall be nominated and elected pursuant to the provisions of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
Section 3. Establishment of commission. The commission created by this Act shall become effective on the date the board of commissioners takes office as provided in this Act. The initial and subsequent members of said commission shall be as follows:
(1) A special election for the selection of the members to the commission for Commission Districts 1 through 6 shall be held as soon after the enactment of this Act as is reasonably practicable under the federal Voting Rights Act of 1965 and Title 21 of the O.C.G.A., the "Georgia Election Code." Candidates shall qualify with the Carroll County Board of Elections and pay a qualifying fee as provided by law. The terms of office of each commission member elected by the special election shall begin on the day following the certification of the special election results by the Carroll County Board of Elections. This election shall be for a term to expire December 31, 1992.
(2) Thereafter, all future elections shall be conducted on the basis of electing one person from Commission Districts 1, 3, and 5 in 1992 and every four years thereafter and one person from Commission Districts 2, 4, and 6 in 1992 for a two-year term, then in 1994 and every four years thereafter.
Section 4. Chairman, (a) The chairman of the commission shall be a citizen of this state, at least 30 years of age and shall have been a resident of Carroll County for at least
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two years immediately prior to taking office. The chairman shall be elected by a majority of the electors voting from the county at large. The chairman shall be nominated and elected pursuant to Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
(b) David Perry, the current sole commissioner of Carroll County shall serve as the chairman of the commission until the expiration of his normal term of office on December 31, 1992, and until he is succeeded. Future successors shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years. Each chairman shall serve until the successor is elected and qualified.
Section 5. Vacancies, (a) Vacancies on the commission and in the office of chairman occurring by reason of death, resignation, removal from the county or from the district from which elected or for any other reason shall be filled as provided in this section.
(b) In the event a vacancy occurs on the commission or in the office of chairman when at least 180 days remain in the unexpired term of office, the election superintendent of Carroll County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill such vacancy for the remainder of the unexpired term. Such special election shall be held not less than 29 nor more than 45 days after the issuance of the call and shall be held and conducted in accordance with the provisions of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. If the vacancy is in the office of chairman, the members of the commission shall select one of their members to exercise the powers and duties of the chairman for the period beginning on the date the vacancy occurs and ending when the successor chairman takes office for the remainder of the unexpired term following the special election provided for herein.
(c) In the event a vacancy occurs in the office of chairman when less than 180 days remain in the unexpired term of office, the members of the commission shall select one of their members to exercise the powers and duties of the chairman for the remainder of the unexpired term.
(d) In the event a vacancy occurs on the commission when less than 180 days remain in the unexpired term of office, the remaining members of the commission shall appoint a qualified person to fill such vacancy for the remainder of the unexpired term. Any person appointed by the commission to fill a vacancy as provided herein shall possess the residency and other qualifications required for the office.
Section 6. Oath and bond. Before entering upon the discharge of their duties, the chairman and members of the commission shall subscribe to an oath before the judge of the Probate Court of Carroll County for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition the chairman shall further give a satisfactory surety bond, as determined by the judge of the Probate Court of Carroll County, and payable to the judge of the Probate Court of Carroll County and filed in the office of the judge of the Probate Court of Carroll County, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each member of the commission shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid from county funds.
Section 7. Compensation, (a) The chairman shall receive an annual salary payable in equal monthly installments from funds of Carroll County. This annual salary shall be in an amount equal to the base annual salary and annual cost-of-living adjustment of the sheriff of Carroll County (as computed under paragraphs (1) and (2) of subsection (a) of Code Section 15-16-20 of the O.C.G.A.) plus $10,000.00. The annual salary provided for in the previous sentence shall also be increased by a longevity increase of 5 percent for each four-year term of office completed by the chairman after July 1, 1989, such longevity increase to be figured and granted at the end of each four-year term if the chairman is reelected to a new term. The chairman shall also be furnished with the use of an automobile provided by the county at county expense.
(b) Each member of the commission other than the chairman shall receive an annual salary of $4,800.00, payable in equal monthly installments from funds of Carroll County.
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(c) In addition to said salaries, the chairman shall receive an expense allowance account of $3,000.00 per year from county funds, and each other member of the commission shall receive an expense allowance account of $1,200.00 per year from county funds. The chairman and other members of the commission may be reimbursed from such accounts, up to such maximum amounts, for expenses actually incurred by them in the performance of their duties. A member claiming expense account reimbursement shall provide documentation of the expenditure for which reimbursement is requested, subject to such rules and regulations as the commission shall specify. Expense accounts shall be maintained on a calendar year basis and any amounts not expended from a member's expense account for any calendar year for expenses incurred in that calendar year shall revert to the general fund of the county treasury.
Section 8. Powers and duties of the commission, (a) The commission shall have the power and authority to fix and establish, by appropriate resolution or ordinance entered on its minutes, policies, rules, and regulations governing all matters reserved to its jurisdiction by this Act. The commission shall exercise only those powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions or ordinances, and any power or combination of powers vested in the commission by this Act shall be subject to the limitations provided in Section 17 of this Act. The following powers are hereby vested in the commission:
(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 authorize work to be done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law, but the chairman shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met; (7) To establish, abolish, or change election precincts and militia districts according to law; (8) To allow the insolvent lists for the county; (9) To authorize the acceptance for the county of the provisions of any optional statute where the statute permits its acceptance by the governing authority of a county; (10) To regulate land use by implementing the Carroll County Future Land Use Plan and by the adoption of other planning and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citizens; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where they 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, together with the chairman of the board of commissioners, all powers now or hereafter vested in county governing authorities by the Constitution and general laws of this state;
(17) To fix, levy, and assess license fees, charges, or taxes on all persons, firms, and corporations engaging in or offering to engage in any trade, business, calling, avo-
cation, or profession in the area of Carroll County, outside the incorporated limits of municipalities situated therein, except businesses which are subject to regulation by the State Public Service Commission, and to classify all such persons, firms, and cor-
porations according to the nature, manner, and size of business conducted by such persons, firms, and corporations and to fix, levy, and assess different license fees,
charges, or taxes against different classes of trades, businesses, callings, avocations, or
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professions. Such licenses shall be issued, annually or otherwise, and may be revoked, cancelled, or suspended after notice and a hearing, in accordance with rules prescribed by the commission. Said commission shall be further authorized to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations, or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of said county and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or when such license is revoked or suspended. Payment of said license fees, charges, or taxes may be enforced by fi. fas. issued by the commission and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs, or forfeitures due said county. The commission shall be authorized, in its discretion, to require any and all persons, firms, or corporations licensed pursuant to the authority herein granted to give a bond payable to Carroll County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral, or improper conduct in the administration of the business so licensed, such bond to be fixed and approved by the commission. Such license fees, charges, or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county;
(18) To adopt rules regulating the operation of the commission; (19) To adopt a civil service system covering county employees and employees of elected county officers pursuant to Article IX, Section I, Paragraph IV of the 1983 Constitution of the State of Georgia; (20) To take any action permitted by Article IX, Section II, Paragraph III of the 1983 Constitution of the State of Georgia;
(21) To make contributions for purely charitable public purposes;
(22) To authorize all contracts, except for contracts of employment, involving the expenditure of county funds in excess of $12,500.00;
(23) To undertake and carry out community redevelopment programs pursuant to Article IX, Section II, Paragraph VII of the 1983 Constitution of the State of Georgia; and
(24) To make appointments from recommendations of the chairman to independent boards, agencies, and bodies.
(b) In addition to the powers enumerated in subsection (a) of this section, the commission may adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this state and of the United States, for the governing and policing of the county for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of the county and for the implementation and enforcement of the powers and duties of the commission, within the classes of subjects and areas of regulation enumerated below:
(1) To control and regulate the operation of and running of bicycles, automobiles, motorcycles, motor scooters, buses, taxicabs, trucks, wagons, and any and all kinds of vehicles operated in, upon, over, and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares, and public places in said county and outside the corporate limits of municipalities situated therein, whether such vehicles are propelled by hand, foot, animal, steam, electric, gasoline, or other motive power; to prescribe and fix speed limits and speed zones for all of the enumerated vehicles; to erect stop and warning signs and signals at dangerous intersections or places and at schools or other public places; to prescribe and establish lanes and directional signs, signals, and markings to control the direction or flow of traffic for all such vehicles, including limitation of travel to one direction and including markings, signals, and devices to control and regulate the manner of turning at intersections; to regulate and control, as well as to prohibit entirely, the parking, stopping, and standing of all such vehicles on or adjacent to such streets and public places; to impound such vehicles involved in violations of traffic ordinances or regulations; to restrict and limit the size and weight of all such
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vehicles operated on such streets and public places; to regulate and establish routes to be followed by trucks and other heavy or slow-moving vehicles; to regulate and control, by permits or otherwise, and to prohibit entirely, the times, routes, and manner of conduct of parades, motorcades, and other assemblages of all such vehicles, and public address systems or other noise-making devices on such streets and public places; to regulate and control the manner of operation of all such vehicles along, over, and across all such streets and ways so as to prohibit and prevent the careless and reckless operation of same in such manner as would be hazardous to persons or property; to regulate and control in any and all of the foregoing respects all travel by pedestrians and equestrians along, over, and across such streets, ways, and public places; and to do any and all things to provide for the safety of persons and property using such roads, streets, lanes, alleys, sidewalks, parks, plazas, squares, and public places and of persons and property situated adjacent thereto; and any and all things necessary or incident to accomplishment of any of the foregoing powers, including the
authority to require registration of the enumerated vehicles and of their owners and to prescribe standards of mechanical safety for such vehicles and qualifications of
operators thereof. To carry out all or any of the foregoing powers, the commission is hereby authorized to adopt as county ordinances all or such portions of Chapter 6 of Title 40 of the O.C.G.A., known as "The Uniform Rules of the Road," as to the
commission may seem appropriate and the State Court of Carroll County may punish for violations thereof by fines or imprisonment or both not to exceed the limits set forth in Title 40 of the O.C.G.A., or in subsection (c) of this section, or in the ordi-
nance adopting same; and the commission may adopt other additional ordinances and regulations, not in conflict with Title 40 of the O.C.G.A., and prescribe punishment for violation of same not to exceed the limits set forth in subsection (c) of this section;
(2) To adopt rules and regulations for the promotion of health and quarantine in the unincorporated area of said county, as are authorized by law or not inconsistent with general laws or regulations of the State Department of Human Resources or the
Carroll County Board of Health, and to prescribe penalties and punishment for violations thereof. It is not the purpose or intent of this paragraph to interfere with or restrict the operation of the Carroll County Board of Health within the unincor-
porated area of Carroll County, but to provide for the implementation of same through the ordinances of the commission, and to promote more adequate health and quarantine provisions in said county, and to that end the commission is authorized to
adopt all or any portion of the regulations of said Carroll County Board of Health, as the same may be amended from time to time, and to prescribe additional regula-
tions not inconsistent therewith, and to prescribe penalties and punishment for violation of any such ordinances and regulations, which penalties and punishments may be enforced and imposed by the magistrate or State Court of Carroll County or other
court having jurisdiction over offenses against county ordinances. Said health and quarantine powers shall extend to and embrace the health and quarantine of animals as well as persons;
(3) To prevent dogs, horses, mules, cattle, hogs, sheep, goats, chickens, and all
other animals, or any one or more kinds of such animals, from running at large in the unincorporated area of said county; to prevent the keeping of any animal or animals
or to regulate the manner and numbers in which they may be kept; to take up and impound any of such animals and to punish all owners or other persons keeping animals for failure or refusal to obey any such ordinance and to fix penalties and charges to be paid for release of such impounded animals; to provide for the sale or disposi-
tion of unclaimed animals impounded; to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this paragraph for the public interest;
(4) To prescribe penalties and punishment for the violation of zoning ordinances, building codes (including electrical, plumbing, heating, and air conditioning regulations), and all other lawful ordinances adopted by the commission pursuant to this or any other law in force in said county;
(5) To provide ordinances for the preservation and protection of county property
and equipment and the administration and use of county facilities, such as parks,
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playgrounds, and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof;
(6) To prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;
(7) To prohibit or regulate and control the erection and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances; and
(8) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness, and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of Carroll County which, while not constituting an offense against the general laws of this state, is deemed by the commission to be detrimental and offensive to the peace, good order, and dignity of Carroll County and to the welfare and morals of the citizens thereof. (c) The commission is hereby authorized to adopt ordinances prescribing penalties and punishment for violation of any and all ordinances adopted by the commission to carry out any of the provisions of this section or other provisions of this Act or of any other law, and to prescribe maximum penalties and punishment for violation of same, except that the same shall in no event exceed a fine of $1,000.00 or imprisonment in the county jail for 60 days or both such fine and imprisonment. (d) The chairman shall have the authority to exercise all of the powers set forth in this section until such time as the other members of the commission take office pursuant to the provisions of Section 3.
Section 9. Audits. The commission may have the books and the accounts of the tax commissioner, custodian of all county funds, sheriff, commissioner, and such other officers as may be necessary audited annually by a certified public accountant of this state who shall be paid from county funds. Said audit shall be filed in the office of the chairman of the Board of Commissioners of Carroll County and shall at all times be subject to inspection by any citizen or taxpayer of said county. A summary of said audit shall be published in the official organ of Carroll County within 30 days after it shall have been completed.
Section 10. Vice chairman, (a) At the first regular meeting in January of each year, the commission shall elect from its membership a vice chairman. The member serving as vice chairman shall retain all rights, powers, and duties as a member of the commission.
(b) The vice chairman shall preside at meetings of the commission, in the absence of the chairman of the board of commissioners.
Section 11. Meetings. The commission shall hold regular evening meetings on the first Tuesday of each month at the county seat, unless changed by a majority vote of the commission, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman, or any four members of the commission, but all members shall be notified in advance of any such additional meeting as required by law. No official action shall be taken by the commission except in a meeting which is held in compliance with Chapter 14 of Title 50 of the O.C.G.A, relating to open meetings. Any five members of the commission shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least four members of the commission.
Section 12. Powers and duties of the chairman, (a) The chairman shall have the exclusive power to supervise, direct, and control the administration of the county government. The chairman shall carry out, execute, and enforce the ordinances, policies, rules, and regulations of the commission when such ordinances, policies, rules, and regulations become effective. Members of the commission shall deal solely through the chairman in
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341
all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the commission shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the chairman.
(b) The chairman shall have the power to propose changes in, consolidation of, or creation or abolishment of any departments, agencies, or offices over which the chairman exercises supervision and control.
(c) Subject to confirmation by the commission, the chairman shall appoint the county attorney. Within budgetary limitations, the chairman shall fix the compensation of the county attorney. The county attorney shall thereafter serve at the pleasure of the chairman and may also be discharged by the affirmative vote of at least six members of the commission.
(d) Subject to budgetary limitations and Carroll County merit system regulations, the chairman shall have exclusive authority to appoint, remove, and fix the compensation of all employees and officials of the county. The appointment, removal, and compensation of persons filling offices and positions created by state statutes, when not otherwise prescribed by such statutes, shall be made and fixed by the chairman within budgetary limitations.
(e) The chairman of the board of commissioners may, at such officer's discretion, preside at any regular or specially called meeting of the commission but shall have no vote except that the chairman may vote when the members of the commission are equally divided or when the chairman's vote will constitute the fourth affirmative vote required to take action pursuant to Section 11 of this Act. The chairman may convene special meetings of the commission when deemed necessary, but all members shall be notified in advance of any such special meeting as required by law.
(f) The chairman may compel the attendance of members at meetings of the commission by subpoena, when deemed necessary, subject to the policy of the commission as established by its rules.
(g) The chairman shall have power to investigate the affairs, records, and expenditures of the various authorities, boards, councils, commissions, committees, and similar bodies or agencies, whether created by ordinance of the commission or by Acts of the General Assembly, relating to the affairs of the county and to report thereon to the commission.
(h) The chairman shall represent the county in intergovernmental matters and shall seek to promote and improve the government of the county and encourage the growth of the county and promote and develop the prosperity and well-being of the citizens of the county.
(i) The chairman, within 120 days after the close of each fiscal year, shall prepare and submit to the commission a complete annual report on the financial affairs and activities of the county for the immediately preceding fiscal year. The annual report shall show all income from all sources, including state, county, and federal funds, and all expenditures. The chairman shall cause a summary of said annual report to be published in the official organ of Carroll County. Said publishing summary shall state that a copy of the full report is available from the office of the chairman. The chairman shall also send copies of the full report to each branch of the county library. The chairman shall also make financial reports during the year as may be required by the commission.
(j) The chairman shall devote full time to the duties of the office and shall have no other source of employment.
(k) The chairman may recommend, at any time, to the commission for its formal consideration such measures or proposals as are deemed necessary or desirable to improve the administration of the affairs of the county.
(1) The chairman shall issue calls for agenda items and shall prepare and publish a listing of those items and the same shall serve as the agenda for the commission unless superseded by the commission.
Section 13. Veto power of chairman, (a) Every ordinance or resolution adopted by
the commission shall be signed by the vice chairman of the commission or, in the absence
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of the vice chairman, another member of the commission shall sign the ordinance or resolution. Such ordinance or resolution shall be certified by the clerk of the commission and presented by said clerk to the office of the chairman within two business days following its adoption by the commission. The chairman shall approve or veto the ordinance or resolution within eight business days after its adoption by the commission, and, except as hereinafter provided, no ordinance or resolution shall become effective without the approval of the chairman.
(b) If the chairman vetoes an ordinance or resolution, the chairman shall return it to the commission within two business days after such veto along with a written statement of the reasons for the veto. If, at the meeting of the commission next held after receiving the vetoed ordinance or resolution, the commission shall again pass the ordinance or resolution by a two-thirds' vote of its total seven-person membership, such ordinance or resolution shall become effective without the approval of the chairman. If the chairman does not approve or veto an ordinance or resolution within eight business days after its adoption by the commission, it shall become effective without the chairman's approval.
(c) The chairman may veto any item or items of any ordinance or resolution making appropriations, and the part or parts vetoed shall not become effective, except as provided by subsection (b) of this section with respect to other ordinances or resolutions. Any part of an ordinance or resolution making appropriations not vetoed by the chairman shall become effective.
(d) Nothing in this section shall authorize the chairman to exercise a veto over any zoning ordinance adopted by the commission pursuant to its authority under paragraph (10) of subsection (a) of Section 8 of this Act, or over any rule adopted by the commission
pursuant to its authority under paragraph (18) of subsection (a) of Section 8 of this Act.
Section 14. Budgeting; control of expenditures, (a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits, as well as the following provisions of this section.
(b) The chairman shall serve as budget officer for the county. The chairman shall submit to the board not later than the regular May meeting of each year a revenue estimate for the following year and a proposed budget governing the expenditures of all funds
expected to be available to the county for the following calendar year and shall include proposed expenditures for capital outlay and public works projects. The chairman shall submit to the commission at the time the proposed budget is submitted a report containing information relating to the financial affairs of the county which is relevant to estab-
lishing the annual budget.
(c) At the time the proposed budget is submitted to the commission, the chairman shall cause to be published in the official organ of Carroll County a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the commission to hold a meeting at the time and
place specified in the notice for the purpose of conducting such public hearing. The commission shall review the proposed budget at such public hearing and may adopt the
same as submitted by the chairman or make such amendments thereto as the commission may deem necessary to maintain the county in sound financial condition. The commission
may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hear-
ing. The commission shall adopt the proposed budget as submitted or as amended by the commission as the budget for the county for the following calendar year by not later than June 30.
(d) The final budget adopted by the commission shall constitute the commission's appropriations of all funds for the calendar year covered by the budget. The budget may be amended during the calendar year which it covers upon the commission taking formal
action for such purpose at a regular meeting of the commission. Prior to taking such action, the commission shall cause to be published in the official organ of Carroll County
a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the commission at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriations
shall be made without provision also being made to finance such increase.
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343
(e) A copy of the final budget adopted by the commission and any amendment to or revision of the budget shall be transmitted by the chairman to the grand jury of the Superior Court of Carroll County then in session.
(f) No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The chairman shall enforce compliance with this requirement by all departments, offices, or agencies of the county government, including elected county officers, and to this end shall institute a system of quarterly allotments of all moneys appropriated and budgeted.
Section 15. Clerk. Subject to confirmation by the commission, the chairman is authorized to appoint a clerk of Carroll County. Any citizen of said county, other than a commissioner, shall be eligible to hold said office of clerk of said commission and shall receive a salary for his services to be fixed by the commission, which salary shall be paid in equal monthly installments. Said clerk before entering upon his duties shall give bond, with some responsible surety company authorized to do business in Georgia, as his surety, in the sum of $50,000.00, to be approved by the commission, the premium on said bond to be paid by the county, payable to the judge of the probate court of said county and his successors in office and conditioned upon the faithful performance of his duties as such clerk and to account for any and all funds, property, or effects which may come into his hands as such clerk or otherwise, which said bond shall be filed with the judge of the probate court of said county and recorded on his minutes and may be sued on in like manner as the bond of the commissioners. He shall keep minutes of all meetings of said commission, an inventory of all properties, and such books and records as may be required of him by the commission and do such other acts and things as may be required of him by law or by the commission.
Section 16. Records; minutes. The clerk of the commission shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders, and proceedings of the commission, in chronological order. The minute books of the commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same.
Section 17. Limitations on powers. No power or combination of powers vested in the commission by Section 8 or any other provision of this Act may be exercised in any manner to amend, change, supersede, or repeal, directly or indirectly, any powers vested in the chairman by this Act.
Section 18. Commission districts, (a) For purposes of the election of members of the board of commissioners, Carroll County is divided into six commission districts as provided in subsection (d) of this section.
(b) For purposes of this section, the terms "Tract," "Block," and "Block Group" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(c) Any part of Carroll County which is not included in any commission district described in subsection (d) of this section shall be included in this district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.
(d) Said commission districts shall consist of the following territory: Commission District 1
Carroll Tract 9903 Blocks 514, 515, and 517 within the City of Carrollton Tract 9904 Blocks 220, 221, 241 through 245, 251, and 252
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Blocks 301, 302, 304 through 308, 310 through 321, and 330
Blocks 401 through 404, 409, 426 through 431, and 434
Block Group 5 Tract 9906
Blocks 308 and 311 through 315 Tract 9907
Blocks 104 through 130 Block 202
Commission District 2
Carroll Tract 9901 Tract 9902 Block 105 that portion lying north of an unnamed creek running between county roads 824 and 422 Blocks 101 through 104 Blocks 301 through 328 Tract 9903 Block 501
Commission District 3
Carroll Tract 9903 Block Groups 1 through 4 Blocks 503 through 513 Block 514 outside the City of Carrollton Block 516 Block 517 outside the City of Carrollton Blocks 518 through 521 Tract 9904 Blocks 101 through 111 and 116 Block 117 that part lying north and west of an unnamed creek running between county roads 736 and 181 Blocks 201 through 219, 222 through 240, 246 through 250, and 253 Blocks 303, 309, and 322 through 324 Tract 9905 Block Group 1 Blocks 201 through 228, 242, and 243
Commission District 4
Carroll Tract 9902 Blocks 110 through 113, 120, and 129 through 134 Block Group 2 Tract 9903 Block Group 6
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345
Tract 9904 Blocks 405 through 408, 410 through 425, and 433 Block 435 within the City of Carrollton
Tract 9906 Blocks 201 through 203 Blocks 301 through 307, 309, 310, 316 through 319, and 321 through 352 Blocks 401 through 406, 422, and 423
Tract 9907 Blocks 101 through 103 Blocks 201, 203, and 204 Block 208 that portion lying north and west of an unnamed creek running between county roads 568 and 564 Blocks 209 through 211 and 226 through 228
Commission District 5
Carroll Tract 9902 Block 105 that portion lying south of an unnamed creek running between county roads 824 and 422 Blocks 106 through 109, 114 through 119, and 121 through 128 Blocks 329 through 345 Tract 9903 Block 502 Block 515 outside the City of Carrollton Block 522 Tract 9906 Block Group 1 Blocks 204 through 216 Block 413 Tract 9907 Blocks 205 through 207 Block 208 that portion lying south and east of an unnamed creek running between county roads 564 and 568 Blocks 212 through 225 and 229 through 231 Block Groups 3 through 5
Commission District 6
Carroll Tract 9904 Blocks 112 through 115 Block 117 that portion lying east of an unnamed creek running between county roads 198 and 147 Blocks 118 through 126 Blocks 325 through 328 Block 435 outside the City of Carrollton Blocks 436 through 439, 444, and 445
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Tract 9905 Blocks 230 through 241 Block Groups 3 through 5
Tract 9906 Blocks 407 through 412, 414, and 416 through 421
Section 19. An Act creating the office of commissioner of Carroll County, approved March 29, 1983 (Ga. L. 1983, p. 4656), is repealed in its entirety.
Section 20. In the event any provision of this Act is held unconstitutional or cannot be implemented under the federal Voting Rights Act of 1965, the remaining provisions of this Act shall remain valid and of full force and effect.
Section 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of this Act relating to election of the members of the commission shall be implemented as soon after said effective date as is reasonably practicable under the federal Voting Rights Act of 1965 and Title 21 of the O.C.G.A., the "Georgia Election Code."
Section 22. All laws and 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.
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 161. By Senator Kidd of the 25th:
A bill to place the coroner of Baldwin County on an annual salary; to provide for the payment of such salary; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county; to provide for the payment of such fees and allowances to the county; to require the coroner to submit a budget to the governing authority of Baldwin County.
SB 166. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state courts) 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; to provide that the offices of judge and solicitor of the State Court of Baldwin County shall be full-time positions.
SB 168. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ideal; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
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347
SB 176. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to provide for a court administrator of the Cobb Judicial Circuit and provide for the duties, services and compensation thereof; to provide for support personnel for that administrator and provide for their compensation; to provide an effective date.
HB 174. By Representatives Clark of the 20th, Howren of the 20th, Thompson of the 20th, Vaughan of the 20th, Ehrhart of the 20th and Aiken of the 21st:
A bill to reincorporate and provide a new charter for the City of Acworth in Cobb County, Georgia.
HB 199. By Representatives Alien of the 127th, Hamilton of the 124th, Johnson of the 123rd, Kingston of the 125th and Mueller of the 126th:
A bill to amend an Act creating the State Court of Chatham County, so as to change certain provisions relating to costs and fees.
HB 236. By Representatives Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Isakson of the 21st, Ehrhart of the 20th and others:
A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 65 years of age or older.
HB 237. By Representatives Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Isakson of the 21st, Ehrhart of the 20th and others:
A bill to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents.
HB 281. By Representative Green of the 106th:
A bill to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner.
HB 283. By Representative Hudson of the 117th:
A bill to amend an Act providing for the consolidation of the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner of Bleckley County, so as to change the provisions relative to the compensation of the tax commissioner.
SB 13. By Senator Shumake of the 39th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to enact the "Georgia Insurance and Educational Reinvestment Act for Aid to Families with Dependent Children"; to authorize the authority to act as a self-insurer for the purpose of providing death benefits and disability benefits.
SB 39. By Senators Howard of the 42nd and Starr of the 44th:
A bill to amend Code Section 31-12-6 of the Official Code of Georgia Annotated, relating to a system for prevention of mental retardation, so as to include a new disorder which causes mental retardation.
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SB 50. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require insurers to accept by-hand delivery of certain affidavits regarding stolen motor vehicles; to provide for criminal penalties for such delivery in cases involving certain false statements.
SB 51. By Senators Turner of the 8th, Harris of the 27th, Walker of the 43rd 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 expand legislative findings; to change certain definitions; to expand the scope of purposes for which bonds may be issued by the Georgia Residential Finance Authority; to limit the amounts of certain types of bonds which may be issued.
SB 113. By Senator Foster of the 50th:
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 Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:
SR 27. By Senator Barker of the 18th:
A resolution urging the Commissioner of Insurance to exercise his authority with regard to the capricious and unfair termination of the appointment of property and casualty insurance agents.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 13. By Senator Shumake of the 39th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to enact the "Georgia Insurance and Educational Reinvestment Act for Aid to Families with Dependent Children"; to authorize the authority to act as a self-insurer for the purpose of providing death benefits and disability benefits.
Referred to the Committee on Insurance.
SB 39. By Senators Howard of the 42nd and Starr of the 44th:
A bill to amend Code Section 31-12-6 of the Official Code of Georgia Annotated, relating to a system for prevention of mental retardation, so as to include a new disorder which causes mental retardation.
Referred to the Committee on Human Relations & Aging.
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349
SB 50. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require insurers to accept by-hand delivery of certain affidavits regarding stolen motor vehicles; to provide for criminal penalties for such delivery in cases involving certain false statements.
Referred to the Committee on Insurance.
SB 51. By Senators Turner of the 8th, Harris of the 27th, Walker of the 43rd 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 expand legislative findings; to change certain definitions; to expand the scope of purposes for which bonds may be issued by the Georgia Residential Finance Authority; to limit the amounts of certain types of bonds which may be issued.
Referred to the Committee on State Planning & Community Affairs.
SB 113. By Senator Foster of the 50th:
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.
Referred to the Committee on Education.
SB 161. By Senator Kidd of the 25th:
A bill to place the coroner of Baldwin County on an annual salary; to provide for the payment of such salary; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county; to provide for the payment of such fees and allowances to the county; to require the coroner to submit a budget to the governing authority of Baldwin County.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 166. By Senator Kidd of the 25th:
A bill to amend an Act creating county courts (now state courts) 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; to provide that the offices of judge and solicitor of the State Court of Baldwin County shall be full-time positions.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 168. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ideal; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
Referred to the Committee on State Planning & Community Affairs - Local.
350
JOURNAL OF THE HOUSE,
SB 176. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to provide for a court administrator of the Cobb Judicial Circuit and provide for the duties, services and compensation thereof; to provide for support personnel for that administrator and provide for their compensation; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 27. By Senator Barker of the 18th:
A resolution urging the Commissioner of Insurance to exercise his authority with regard to the capricious and unfair termination of the appointment of property and casualty insurance agents.
Referred to the Committee on Insurance.
Representative Padgett of the 86th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 192. By Representatives Porter of the 119th and Groover of the 99th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that a state court judge shall, on the date he takes office, reside within the judicial circuit containing the geographic area in which he is selected to
On the motion, the ayes were 92, nays 0.
The motion prevailed.
By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary:
HB 268. By Representatives Oliver of the 53rd and Alien of the 127th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to persons before whom offenses are bailable, so as to remove the offense of possessing with intent to distribute any controlled substance from the list of those offenses bailable only before a judge of the superior court.
Representative Pinkston of the 100th moved that the following Bill of the House be withdrawn from the Committee on Banks and Banking and referred to the Committee on University System of Georgia:
HB 457. By Representatives Adams of the 79th, Cheeks of the 89th, Childers of the 15th, Atkins of the 21st, Beck of the 148th and others:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia State Financing and Investment Commission Act," so as to authorize the issuance of capital appreciation bonds the proceeds of which may be used by purchasers for higher education and other needs.
TUESDAY, JANUARY 31, 1989
351
The motion prevailed.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on State Institutions and Property:
SB 99. By Senators Echols of the 6th, Perry of the 7th and Howard of the 42nd:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the members of the Jekyll Island State Park Authority, so as to provide for an additional member of said authority; to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to the conflicts of interest law applicable to public officials and employees, so as to provide for an additional exception to such law.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read:
HR 37. By Representatives Stancil of the 66th and Buck of the 95th:
A resolution recognizing the 4-H Clubs of Georgia and inviting Ms. Tricey Hill, Dr. Thomas F. Rodgers, and the 1988 national 4-H champions to appear before the House of Representatives.
HR 62. By Representative Adams of the 79th:
A resolution commending the R. E. Lee High School "Rebels" and inviting Coach Tommy Perdue and his team to appear before the House of Representatives.
HR 79. By Representative Rainey of the 135th:
A resolution inviting Miss Jarret Lee Watson, the 1988 Georgia Watermelon Queen, to appear before the House of Representatives.
HR 97. By Representatives Pinkston of the 100th, Lucas of the 102nd, Groover of the 99th, Buford of the 103rd and Randall of the 101st:
A resolution commending the Honorable Lee Robinson, Mr. Carr Dodson, and Ms. Carolyn Crayton and inviting them to appear before the House of Representatives.
HR 169. By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution commending Frances Frazier and inviting her to appear before the House of Representatives.
HR 188. By Representatives Birdsong of the 104th, Buford of the 103rd, Pinkston of the 100th and Groover of the 99th:
A resolution commending the Tattnall Square Academy Trojans football team and inviting them to appear before the House of Representatives.
On the adoption of the Resolutions, the roll call was ordered and the vote was follows:
352
JOURNAL OF THE HOUSE,
Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Alien Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell
Couch Cox Y Crawford Y Crosby Y Cummings,B Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Dobbs Y Dover Dunn Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks
Howren Y Hudson Y Irwin Y Isakson Y Jackson,,)
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford
Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Ricketson Y Robinson Y Royal Y Selman Simpson
On the adoption of the Resolutions, the ayes were 145, nays 0. The Resolutions were adopted.
Y Sinkfield Smith.L Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 175. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance licensing of agents, solicitors, brokers, counselors, and adjusters, so as to provide for grounds for refusing, suspending, or revoking such licenses; to provide for fiduciary capacities and record keeping requirements of agents holding licenses for life and accident and sickness insurance lines.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey
Baker
Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chamblesi Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman
Y Colwell Y Connell
Couch Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G
TUESDAY, JANUARY 31, 1989
353
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Herbert
Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin
Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford 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.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Mueller
Y Oliver.C Oliver.M
Y Orr Y Orrock
Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston
Y Poag Y Porter Y Poston Y Powell Y Rainey
Y Randall
Y Ransom
Y Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S
Y Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson
Y Thurmond
Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L
Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams.J
Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative 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.
HB 151. By Representatives Watson of the 114th, Buck of the 95th, Kilgore of the 42nd and Pettit of the 19th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Seed Capital Fund to provide equity and other capital to entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ventures which will increase the state's share of domestic or international markets and enhance economic development in the state.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams
Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck
Y Buford Y Byrd Y Carrell
Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman
Y Colwell Y Connell
Couch
Cox Y Crawford Y Crosby Y Cummings,B
Y Cummings.M Y Davis.C Y Davis.G
Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd Y Foster Y Godbee
Y Goodwin Y Green Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton
Y Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson
Y Jackson.J Jackson.W
Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
354
JOURNAL OF THE HOUSE,
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morion Y Moultrie
Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey
Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T
Y Smith.W
Y Smyre Y Snow Y Stancil,F Y Stancil.S Y Stanley
Y Steele Y Stephens
Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 151 was ordered immediately transmitted to the Senate.
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.
HB 11. By Representatives Groover of the 99th and Dunn of the 73rd:
A bill to amend Section 2-7-170 of the Official Code of Georgia Annotated, relating to the limitation of the liability of farmers in fertilizer, plant growth regulator, and pesticide contamination cases, so as to remove the limitation on liability under Title 12 of the of the Official Code of Georgia Annotated.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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 Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover N Hamilton
Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb N Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson.W Jamieson
Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald
Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston N Powell
Y Rainey Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson N Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P
Smith.T
Y Smith.W
Smyre YSnow N Stancil.F
Y Stancil,S Stanley
Y Steele
TUESDAY, JANUARY 31, 1989
355
N Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Y Williams.B Y Williams,J Y Yates
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 153, nays 6. The Bill, having received the requisite constitutional majority, was passed.
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.
HB 420. By Representatives Reaves of the 147th, Johnson of the 123rd, Branch of the 137th, Moore of the 139th, Jamieson of the llth and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the development and enhancement of aquaculture; to provide a short title; to provide for definitions; to create the Aquaculture Development Commission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Beck
Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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
Couch Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee
Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence
Lawson YLee Y Linder YLong
YLord Lucas
Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J
Y Yates 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.
356
JOURNAL OF THE HOUSE,
HB 288. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Mobley of the 64th and others:
A bill to amend Chapter 7 of Title 36 of the Official Code of Georgia Annotated, relating to county surveyors, so as to authorize the General Assembly by local law to abolish the office of elected county surveyor in any county and authorize the appointment of said official by the county governing authority; to provide requirements and limitations relative thereto.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Aiken
Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Coleman Colwell Connell Couch
Cox Y Crawford
Y Crosby Y Cummings,B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn Y Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster
N Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson
Y Irwin Y Isakson
Y Jackson,J Jackson.W Jamieson
Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson
YLee Y Linder
YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston
Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend N Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware
Y Watson Y Watts
Y White Wilder
Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 153, nays 2. The Bill, having received the requisite constitutional majority, was passed.
HB 54. By Representative Alien of the 127th:
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 sports officials who officiate athletic contests shall not be liable in civil actions for injuries or damages claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held.
The following amendment was read and adopted:
The House Committee on Judiciary moves to amend HB 54 by inserting preceding the word "athletic" on line 4 of page 1 and line 18 of page 1 the following:
TUESDAY, JANUARY 31, 1989
357
"amateur".
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 Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks Brown
YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Colbert
Y Coleman Y Colwell
Y Connell Couch Cox
Y Crawford Y Crosby Y Cummings.B
Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart
Felton
Y Fennel Y Floyd
Foster Godbee Y Goodwin Y Green
Y Greene Y Gresham
Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones
Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Y Moore Y Morion Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele
Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson
Y Watts Y White
Wilder Y Williams.B Y Williams,J
Y Yates 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.
HB 130. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license.
The following Committee substitute was read:
A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license; to provide for a short title; to provide for intent; to provide for definitions; to provide that no person shall possess more than one driver's license; to provide for notice of convictions of motor vehicle traffic violations; to provide for notice of suspensions, revocations, and cancellations; to
358
JOURNAL OF THE HOUSE,
provide for notice to employers of previous commercial driver employment; to provide for certain employer responsibilities; to require a commercial driver's license for operation of a commercial motor vehicle; to provide for qualifications and standards; to provide for testing; to provide for exceptions; to provide for a commercial driver's instruction permit; to provide for a nonresident commercial driver's license; to provide for application for and renewal of a commercial driver's license; to provide for content of a commercial driver's license; to provide for classifications, endorsements, and restrictions; to provide for fees; to provide for a replacement license; to provide for a driver record search; to provide for disqualification and cancellation of a commercial driver's license; to prohibit operation of a commercial motor vehicle with any measurable alcohol in the driver's system; to provide for implied consent; to provide for release of driver license record to certain persons; to provide for rules and regulations; to authorize the department to enter into agreements to implement law; to provide for reciprocity; to provide for penalties; to define certain terms; to provide that the department shall furnish abstracts of drivers' records in accordance with the "Georgia Uniform Commercial Driver's License Act"; to provide that there shall be no presumption of notice by mail; to change the classifications of drivers' licenses; to provide for minimum age requirements; to provide for exemptions and restrictions; to provide for fees; to provide for validity of previously issued licenses; to provide for the time and place driver's license examinations shall be offered; to remove certain exceptions regarding expiration and retention of drivers' licenses; to require drivers to obtain corrected licenses within a certain time when changing their addresses; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, is amended by adding at the end of said chapter a new article to read as follows:
"ARTICLE 7
40-5-140. This article shall be known and may be cited as the 'Uniform Commercial Driver's License Act.'
40-5-141. The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by permitting commercial drivers to hold only one license; disqualifying commercial drivers who have committed certain criminal or other offenses or serious traffic violations; and strengthening commercial driver licensing and testing standards. This article is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this article conflicts with general driver licensing provisions, this article shall prevail. Where this article is silent, the general driver licensing provisions shall apply.
40-5-142. As used in this article, the term: (1) 'Alcohol' means: (A) Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; (B) Wine of not less than one-half of 1 percent of alcohol by volume; (C) Distilled spirits which means that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; or (D) Any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol, and isopropanol. (2) 'Alcohol concentration' means: (A) The number of grams of alcohol per 100 milliliters of blood; (B) The number of grams of alcohol per 210 liters of breath; or (C) The number of grams of alcohol per 67 milliliters of urine. (3) 'Commerce' means:
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(A) Trade, traffic, and transportation within the jurisdiction of the United States between locations in a state and between a location in a state and a location outside such state including a location outside the United States; and
(B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subparagraph (A) of this paragraph. (4) 'Commercial driver's license' (CDL) means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle. (5) 'Commercial Driver License Information System' (CDLIS) means the informa-
tion system established pursuant to the Commercial Motor Vehicle Safety Act of 1986, Title XII, Public Law 99-570, to serve as a clearing-house for locating information related to the licensing and identification of commercial motor vehicle drivers.
(6) 'Commercial driver's instruction permit' means a permit issued pursuant to subsection (c) of Code Section 40-5-147.
(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;
(B) If the vehicle is designed to transport 16 or more passengers, including the driver; or
(C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F; provided, however, that for the purposes of this article, no agricultural vehicle, recreational vehicle, or fire-fighting or emergency equipment vehicle used only in response to emergencies shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person's farm; which vehicle is not used in the operations of a common or contract carrier. (8) 'Controlled substance' means any substance so defined under Code Section 16-31-21 and includes all substances listed in Schedules I through V of 21 C. F. R. Part 1308, as they may be revised from time to time. (9) 'Conviction' means a forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, regardless of whether the penalty is rebated, suspended, or probated. (10) 'Disqualification' means a prohibition against driving a commercial motor vehicle.
(11) 'Drive' means to operate or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of Code Sections 40-5-151 and 40-5-152, 'drive' includes operation or physical control of a motor vehicle anywhere in this state.
(12) 'Driver' means any person who drives, operates, or is in physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic or who is required to hold a commercial driver's license.
(13) 'Driver's license' means a license issued by a state to any individual which authorizes the individual to drive a motor vehicle.
(14) 'Employer' means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle on its behalf.
(15) 'Felony' means any offense under state or federal law that is punishable by death, by imprisonment for life, or by imprisonment for more than 12 months.
(16) 'Foreign jurisdiction' means any jurisdiction other than a state of the United States.
(17) 'Gross vehicle weight rating' (GVWR) means the value specified by the manu-
facturer or manufacturers as the maximum loaded weight of a single or a combination
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(articulated) vehicle, or registered gross weight, whichever is greater. The gross vehicle weight rating of a combination (articulated) vehicle, commonly referred to as the 'gross combination weight rating' (GCWR), is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer or manufacturers, the gross vehicle weight rating of a combination (articulated) vehicle is the gross vehicle weight rating of the power unit plus the total weight of the towed unit or units, including the loads on them.
(18) 'Hazardous materials' has the meaning the term has under Section 103 of the Hazardous Materials Transportation Act, Title I, Public Law 93-633, 49 U.S.C.A. App. Section 1801 et seq.
(19) 'Motor vehicle' means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
(20) 'Nonresident commercial driver's license' means a commercial driver's license issued by a state to any individual who resides in a foreign jurisdiction.
(21) 'Out of service order' means a temporary prohibition against driving a commercial motor vehicle.
(22) 'Serious traffic violation' means: (A) Speeding 15 or more miles per hour above the posted speed limit; or (B) Reckless driving, as defined under state or local law.
(23) 'State' means a state of the United States and the District of Columbia. (24) 'Tank vehicle' means any commercial motor vehicle designed to transport any liquid, powdered, or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by federal law. However, the term 'tank vehicle' shall not include a portable tank having a rated capacity under 1,000 gallons. (25) 'United States' means the 50 states and the District of Columbia. 40-5-143. No person who drives a commercial motor vehicle shall have more than one driver's license. 40-5-144. (a) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify the Department of Public Safety in the manner specified by the department within 30 days of the date of conviction. If the court notifies the department of such conviction, the responsibility of the driver to notify the department shall be waived.
(b) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify his or her employer in writing of the conviction within 30 days of the date of conviction.
(c) Each driver whose driver's license is suspended, revoked, or canceled by any state; who loses the privilege to drive a commercial motor vehicle in any state for any period; or who is disqualified from driving a commercial motor vehicle for any period shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.
(d) Each person who applies to be a commercial motor vehicle driver shall, at the time of the application, provide the employer with the following information for the ten years preceding the date of application:
(1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) The dates between which the applicant drove for each employer; and
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361
(3) The reason for leaving that employer. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
40-5-145. (a) Each employer shall require every commercial motor vehicle driver applicant to provide the information specified in subsection (d) of Code Section 40-5-144.
(b) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1) In which the driver has a driver's license suspended, revoked, or canceled by a state; has lost the privilege to drive a commercial motor vehicle in a state; or has been disqualified from driving a commercial motor vehicle; or
(2) In which the driver has more than one driver's license. 40-5-146. (a) Except when driving under a commercial driver's instruction permit and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may operate a commercial motor vehicle unless the person has been issued and is in immediate possession of a commercial driver's license valid for the vehicle he or she is driving. (b) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or canceled, while subject to a disqualification, or in violation of an out of service order. 40-5-147. (a) (1) Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C. F. R. part 383, subparts G and H, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the Department of Public Safety in English only.
(2) The Department of Public Safety may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:
(A) The test is the same which would otherwise be administered by the state; (B) The third party has entered into an agreement with the state which complies with the requirements set forth in 49 C. F. R. part 383.75; and (C) The third party complies with all other requirements set by the Department of Public Safety by regulations. (b) The Department of Public Safety may waive the skills test and knowledge test specified in this Code section for a commercial driver's license applicant who meets the requirements of 49 C. F. R. part 383.77. (c) (1) A commercial driver's instruction permit may be issued to any individual who holds a valid Class C license or has passed all required tests for the operation of a Class C vehicle and is 18 years of age. (2) An applicant for the commercial driver's instruction permit must pass the vision test and all knowledge tests for the type of vehicle he intends to operate along with any knowledge test required for any desired endorsements. (3) The commercial driver's instruction permit may not be issued for a period to exceed one year. The holder of a commercial driver's instruction permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
(d) A commercial driver's license or commercial driver's instruction permit may not
be issued to a person while the person is subject to a disqualification from driving a
commercial motor vehicle or while the person's driver's license or driving privilege is sus-
pended, revoked, or canceled in this or any other licensing jurisdiction; nor may a driv-
er's license be issued to a person who has a commercial driver's license issued by any
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other state unless the person first surrenders all driver's licenses issued by any other state, which license or licenses shall be returned to the issuing state or states for cancellation.
40-5-148. The Department of Public Safety may issue a nonresident commercial driver's license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards of the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. part 383. The word 'nonresident' must appear on the face of the nonresident commercial driver's license. An applicant must surrender any nonresident commercial driver's license issued by another state. Prior to issuing a nonresident commercial driver's license, the department must establish the practical capability of revoking, suspending, and canceling the nonresident commercial driver's license and disqualifying that person from driving a commercial motor vehicle under the same conditions applicable to the commercial driver's license issued to a resident of this state.
40-5-149. (a) The application for a commercial driver's license or commercial driver's instruction permit shall include the following:
(1) The full name and current mailing and residential address of the person; (2) A physical description of the person including sex, height, weight, and eye color; (3) Full date of birth; (4) The applicant's Social Security number;
(5) The person's signature; (6) The person's current photograph; (7) Certifications, including those required by 49 C.F.R. part 383.71(a);
(8) Any other information required by the Department of Public Safety; and (9) Consent to release driving record information to the Commercial Driver License Information System clearing-house and whatever agent or agency the Commercial Driver License Information System deems necessary by federal requirements.
Each application shall be accompanied by an application fee of $35.00. (b) When a licensee changes his or her name, mailing address, or residence, an appli-
cation for a new license shall be made within 30 days of such change. The fee for such new license shall be as provided in Code Section 40-5-25.
(c) No person who has been a resident of this state for 30 days or longer may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction. It shall be the responsibility of the employer to notify the employee of the license issuance law of this state.
(d) There shall be no exceptions to the application and licenses fees required for issuance of a commercial driver's license or a commercial driver's instruction permit.
40-5-150. (a) The commercial driver's license shall be marked 'Commercial Driver's License' or 'CDL,' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information:
(1) The name and residential address of the person; (2) The person's color photograph;
(3) A physical description of the person, including sex, height, weight, and eye color;
(4) Full date of birth; (5) The person's Social Security number and any other number or identifier deemed appropriate by the Department of Public Safety;
(6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions;
(8) The name of this state; (9) The dates between which the license is valid; and (10) The license fee and fees for any endorsements, (b) Commercial driver's licenses may be issued with the following classifications:
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363
(1) Class A - Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
(2) Class B - Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating; and
(3) Class C - Any single vehicle with a gross vehicle weight rating of less than 26,001 pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds. This classification shall apply to vehicles designed to transport 16 or more passengers, including the driver and vehicles used in the transportation of hazardous materials which require the vehicles to be placarded under 49 C.F.R., part 172, subpart F.
(4) Class M - A motorcycle as defined in Code Section 40-1-1; and (5) Class P - A commercial driver's instruction permit used in conjunction with the commercial driver's instruction permit vehicle classification. (c) Commercial driver's licenses may be issued with the following endorsements and restrictions: (1) 'H' - Authorizes the driver to drive a vehicle transporting hazardous materials;
(2) 'K' - Restricts the driver to vehicles not equipped with air brakes; (3) "F - Authorizes driving double and triple trailers; (4) 'P' - Authorizes driving vehicles carrying 16 or more passengers, including the driver; (5) 'N' - Authorizes driving tank vehicles; and
(6) 'X' - Represents a combination of hazardous materials and tank vehicle endorsements.
The fee for Classes A, B, C, M, and P licenses and for the endorsements and restrictions shall be as provided in Code Section 40-5-25.
(d) The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles.
No person shall drive a vehicle which requires an endorsement unless the proper endorsement appears on the driver's license.
(e) Before issuing a commercial driver's license, the Department of Public Safety shall obtain driving record information through the Commercial Driver License Informa-
tion System, the National Driver Register (NDR), and from each state in which the applicant has been licensed within the past five years.
(f) Within ten days after issuing a commercial driver's license, the Department of Public Safety shall notify the Commercial Driver License Information System of that
fact and provide all information required to ensure identification of the licensee. (g) The commercial driver's license shall expire on the licensee's birthdate in the
fourth year following the issuance of such license. (h) When applying for renewal of a commercial driver's license, the applicant shall
complete the application form required by subsection (a) of Code Section 40-5-149, providing updated information and required medical certifications. If the applicant wishes
to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.
40-5-151. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of:
(1) Any offense specified in Code Section 40-5-54; (2) Driving under the influence of alcohol or drugs, as provided in Code Section
40-6-391; (3) Refusal to submit to a test as prescribed in paragraph (1) of subsection (a) of
Code Section 40-6-392 to determine the driver's alcohol concentration while driving a commercial motor vehicle; or
(4) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath,
or urine.
(b) Any person is disqualified from driving a commercial motor vehicle for a period
of not less than three years if convicted of a first violation of using a commercial motor
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vehicle in the commission of a felony if such violation occurred while transporting hazardous materials.
(c) Any person is disqualified from driving a commercial motor vehicle for life if convicted of two or more violations within a five-year period, as measured from the dates of arrests for which convictions were obtained, of any of the offenses specified in subsection (a) of Code Section 40-5-54 or Code Section 40-6-391 or 40-6-392, or any combination of those offenses, arising from two or more separate incidents.
(d) The Department of Public Safety may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years.
(e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(f) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates
of arrests for which convictions were obtained. (g) After suspending, revoking, or canceling a commercial driver's license, the
Department of Public Safety shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privi-
leges, the Department of Public Safety shall notify the licensing authority of the state which issued the commercial driver's license within ten days.
40-5-152. (a) Notwithstanding any other provision of this article, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having any
measurable alcohol in his or her system. (b) A person who drives, operates, or is in physical control of a commercial motor
vehicle while having any measurable alcohol in his or her system or who refuses to take a test under paragraph (1) of subsection (a) of Code Section 40-6-392 to determine his
or her alcohol content must be placed out of service for 24 hours. 40-5-153. (a) Any person who drives a commercial motor vehicle anywhere in the
state shall be deemed to have given consent, subject to the provisions of Code Sections 40-5-55 and 40-6-392, to a test or tests of that person's blood, breath, or urine for the
purpose of determining that person's alcohol concentration or the presence of other drugs.
(b) A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause
to believe that driver was driving a commercial motor vehicle while having any measurable alcohol in his or her system.
(c) A person requested to submit to a test as provided in subsection (a) of this Code section must be warned by the law enforcement officer requesting the test that a refusal
to submit to the test will result in that person's being disqualified from operating a commercial motor vehicle for one year under Code Section 40-5-151 and from operating
a private motor vehicle as provided in Code Section 40-5-55. (d) If the person refuses testing, the law enforcement officer must submit an affida-
vit to the Department of Public Safety within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the
person refused to submit to testing. (e) Upon receipt of the affidavit submitted by a law enforcement officer under sub-
section (d) of this Code section, the Department of Public Safety must disqualify the driver from driving a commercial motor vehicle for a period of one year under Code
Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-5-55. If the driver is in possession of a driver's
license, the officer shall take possession of the license and attach it to the affidavit. 40-5-154. Within ten days after receiving a report of the conviction of any nonresi-
dent holder of a commercial driver's license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed
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365
in a commercial motor vehicle, the Department of Public Safety shall notify the licensing state of such conviction.
40-5-155. Notwithstanding any other provision of law to the contrary, the Department of Public Safety shall furnish full information regarding the driving record of any person to:
(1) The driver's license administrator of any other state or of any province or territory of Canada requesting that information;
(2) Any employer or prospective employer upon the request of such employer and the payment of a fee of not more than $10.00; and
(3) Insurers upon request and payment of a fee of not less than $10.00. 40-5-156. The Board of Public Safety may adopt any rules and regulations necessary to carry out the provisions of this article. 40-5-157. The commissioner of the Department of Public Safety or his designee may enter into or make agreements, arrangements, or declarations to carry out the provisions of this article. 40-5-158. Notwithstanding any other law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's license issued by any state or any province or territory of Canada in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver's licenses; if the person's license is not suspended, revoked, or canceled; and if the person is not disqualified from driving a commercial motor vehicle or subject to an out of service order. 40-5-159. (a) Any person who drives a commercial motor vehicle while in violation of the provisions of Code Section 40-5-143 or any employer who knowingly allows, permits, or authorizes a driver to drive a commercial motor vehicle in violation of the provisions of subsection (b) of Code Section 40-5-145 shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
(1) By a civil penalty of $2,500.00 for each offense; and (2) By a fine of $5,000.00, imprisonment for not more than 90 days, or both, for each offense. (b) Any employer who reports fraudulent information to the Department of Public Safety regarding an employee's employment or experience as required under 49 C.F.R. part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. (c) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The Department of Public Safety shall suspend the commercial driver's license or commercial driving privilege of such driver for a period of six months."
Section 2. Said chapter is further amended by striking Code Section 40-5-1, relating to definitions relative to drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-1 to read as follows:
"40-5-1. As used in this chapter, the term: (1) 'Board' means the Board of Public Safety.
(2) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Public Safety of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation.
(3) 'Commissioner' means the commissioner of public safety of Georgia.
(4) 'Conviction' means a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge, regardless of whether the sentence is suspended, probated, or rebated.
(5) 'Department' means the Department of Public Safety of Georgia.
(6) 'Disqualification of driver's license' means a prohibition against driving a commercial motor vehicle.
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46) (7) 'Mail' means to deposit in the United States mail properly addressed and with postage prepaid.
47) (8) 'Owner' means a person other than a lienholder or security interest holder having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a lien or security interest in another person, but excludes a lessee under a lease not intended as security.
48) (9) 'Present and future minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33, which coverage cannot be canceled except for a subsequent conviction of an offense enumerated in Code Section 40-5-54 and after giving the commissioner 20 days' written notice prior to the effective date of the cancellation.
49) (10) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he is absent, he has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a 'resident':
(A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his children to be educated in the public schools of Georgia within ten days after the commencement of such employment or education; or
(B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days. 4W>) (11) 'Revocation of driver's license' means the termination by formal action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which license shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department after the expiration of the applicable period of time prescribed in this chapter. 4-ti) (12) 'Suspension of driver's license' means the temporary withdrawal by formal action of the department of a person's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be for a period specifically designated by the department."
Section 3. Said chapter is further amended by striking Code Section 40-5-2, relating to records to be maintained by the department, in its entirety and inserting in lieu thereof a new Code Section 40-5-2 to read as follows:
"40-5-2. (a) The department shall file every application for a license received by it and shall maintain suitable indexes containing:
(1) All applications granted; and (2) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action. (b) Whenever an application for a license is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance. 4b) (c) The department shall also file all accident reports and abstracts of court records of convictions received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. 4e) (d) The department shall furnish a certified abstract of a driver's operating record under the following circumstances:
(1) In accordance with the written instructions of the driver upon whom the oper-
ating record has been made and compiled;
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367
(2) Pursuant to a written request, to a person who the department has reason to believe intends to use the information in connection with the underwriting of insurance involving the driver. The person who makes a written request for a driver's operating record shall identify himself and shall have certified that the information contained in the record will be used for no other purpose and that he has on file an application for insurance or for the renewal or amendment thereof involving the driver or driversT ; and
(3) In accordance with the 'Georgia Uniform Commercial Driver's License Act.'
The abstract shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation, such moving traffic violation convictions, information pertaining to financial responsibility, and any other information the department may consider pertinent. The department shall prescribe a fee for furnishing such abstract to cover the costs of administering this Code section, such fee not to exceed $10.00. Subject to subsection (d) (e) of this Code section, any person who submits a request for an abstract of a driving record other than one to which he is entitled pursuant to this Code section shall be guilty of a misdemeanor.
4d) (e) (1) Notwithstanding any of the provisions of subsection {) (d) of this Code section, the department may furnish without charge a copy of any driver's abstract to a judge, prosecuting official, law enforcement agency, or the driver's licensing agency
of another state. The department may also furnish without charge at the written request of a public or private school system a copy of the abstract of any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information. It shall be unlawful for
any person who receives an abstract under this subsection to disclose or make any use thereof except in performance of his judicial, quasi-judicial, or school duties.
(2) Notwithstanding any provisions of subsection {} (d) of this Code section, the department may furnish without charge a copy of any driver's abstract to a county or independent board of education. A board of education may only request the driver's abstract of an individual seeking employment with such board as a school bus driver or of an individual employed by such board as a school bus driver and may only use
such abstract for the purpose of determining whether such individual shall be or remain employed as a school bus driver.
(e) (f) (1) The commissioner shall designate members of the department to be the official custodians of the records of the department. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so
certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof.
(2) In response to a subpoena or upon the request of any appropriate governmental or judicial official, the department shall provide a duly authenticated copy of
any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or his duly authorized representative.
(f-) (g) The department may, upon request, disseminate from its records to the
United States Selective Service System and the Georgia Crime Information Center compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the
legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. The department is further authorized to promulgate rules, regulations, or policies gov-
erning the means by which such information will be disseminated from its records to the United States Selective Service System and the Georgia Crime Information Center and
is further authorized to charge a fee to defray actual expenses incurred in disseminating such information.
(g4 (h) Notwithstanding any other provisions of this Code section, the department may, upon request, provide access to and disseminate information from its records, including compilations of the names and addresses of licensees or applicants for licenses,
to the Department of Human Resources. Any information provided pursuant to this subsection shall be limited to only the names, most current addresses, license numbers, and
368
JOURNAL OF THE HOUSE,
dates of birth of licensees or applicants for licenses and shall only be used by the Department of Human Resources in connection with the recovery of delinquent child support payments under Chapter 11 of Title 19, known as the 'Child Support Recovery Act.' Such information shall not be further disseminated for purposes other than the recovery of child support. The department is authorized to promulgate rules, regulations, or policies governing the means by which access to its records will be afforded and is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information contained in its records.
(fe) (i) Criminal justice agencies shall furnish without charge at the written request of a local fire or law enforcement department a copy of the abstract of the driving record of any applicant for employment. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department.
fi) (j) Except as otherwise provided in this Code section, the department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses.
(j) (k) The department, pursuant to rules and regulations promulgated by the commissioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information."
Section 4. Said chapter is further amended by striking Code Section 40-5-6 which reads as follows:
"40-5-6. Where any provision of this chapter requires the department by certified or ordinary mail to give written notice to a person affecting such person's driver's license, the mailing of such notice to the name and address shown by department records at the time of mailing shall be presumptive evidence that such person received the required notice.", in its entirety, and inserting in its place the following:
"40-5-6. Reserved."
Section 5. Said chapter is further amended by striking Code Section 40-5-21, relating to exemptions from licensing, in its entirety and inserting in lieu thereof a new Code Section 40-5-21 to read as follows:
"40-5-21. The following persons are exempt from licenses under this chapter: (1) Any employee of the United States government while operating a motor vehicle
owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license;
(2) A nonresident who is at least 16 years of age and who has in his immediate possession a valid license issued to him in his home state or country;
(3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state;
(4) Any person on active duty in the armed forces of the United States who has in his immediate possession a valid license issued in a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his return to the United States;
(5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient;
(6) Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business;
(7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden or superintendent
TUESDAY, JANUARY 31, 1989
369
and in such manner and for such purpose as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests;
(8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces? ] and
(9) Any person seeking to obtain a driver's license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the department."
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 40-5-22, relating to minimum age requirements for driver licensing, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The department shall not issue any Class C or Class M driver's license to any person who is under the age of 16 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue m a Class P instruction permit permitting the operation of a Class 1 C vehicle to any person who is at least 15 years of age. On and after January 1, 1985, the department shall not issue any driver's license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his immediate possession a valid license issued to him in another state or country shall not be required to take or complete the alcohol and drug course. The department shall not issue a driver's license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver's license to any person who is under the age of 18 years."
Section 7. Said chapter is further amended by striking Code Section 40-5-23, relating to classes of licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-23 to read as follows:
"40-5-23. (a) The department upon issuing a driver's license shall indicate thereon the type or general class of vehicles that the licensee may drive.
(b) Subject to this chapter, the board shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as it believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his qualification according to the type or general class of license applied for.
(c) The classes of motor vehicles for which operators may be licensed shall be as follows:
&i Class 3 Motorcycles, motor driven cycles, and three-wheeled motorcycles used
enly for agricultural purposes;
and aH vehicles included within Class 1; Olass 4 ~~ 1 FUCKS licensed and registered tor a gross weight of ^i4,ouv pounds OF
Glass 6 Truck-tractor-semitrailcr combinations &&dt any vehicle-trailer combination tfi which the trailer exceeds ~&& leet m te"ii^tfi, or exceeds 4,oOU pounds gross weight, OF exceeds eight tee* wi width, and all vehicles included within Classes ~t~, ~o~,
for Olass T vehicles.
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JOURNAL OF THE HOUSE,
Class A Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B and Class C, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance;
Class B Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class Cj
Class C Any single vehicle with a gross vehicle weight rating not m excess of 26,000 pounds or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds;
Class M Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P Instructional permit applicable to all types of vehicles for which an applicant desires a driver's license, but is not presently licensed to drive. Any applicant for a Class A or Class B license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license."
Section 8. Said chapter is further amended by striking Code Section 40-5-24, relating to instruction permits and temporary licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-24 to read as follows:
"40-5-24. (a) Any person who is at least 15 years of age may apply to the department for a Class 1 an instruction permit to operate a Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his immediate possession, to drive a Class 1 C vehicle upon the public highways for a period of 12 months when accompanied by a person at least 18 years of age who is licensed as a driver for a Class 4 C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. This subsection does not apply to instruction permits for the operation of motorcycles.
(b) Any person who is at least 16 years of age may apply to the department for a Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months. A motorcycle instruction permit shall not be valid when carrying passengers, or on a limited access highway, or at night.
(c) Any person who is at least 18 years of age may apply to the department for an instruction permit to operate vehicles in Classes -, 4^ and 6 A and B. Such permits may be issued only to persons with valid Class i C licenses or persons who have passed all required tests for a Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his immediate possession, to operate a vehicle of the appropriate class upon the public highways for a period of si* 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes &, 4^ and 6 A and B, the applicant must present evidence <rf satisfactory driving experience m vehicles ef the class for which licensing is sought shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner.
(d) The department shall issue a temporary driver's permit to an applicant for a driver's license permitting him to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his immediate possession while operating a motor vehicle, and it shall be invalid when the
TUESDAY, JANUARY 31, 1989
371
applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal."
Section 9. Said chapter is further amended by striking Code Section 40-5-25, relating to applications, fees, and records, in its entirety and inserting in lieu thereof a new Code Section 40-5-25 to read as follows:
"40-5-25. (a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed:
instruction
(1) For instruction permits for Classes A, B, C^ and M drivers' licenses. ....................... .....^.................~..~..................~.. .........................$ 1.50
(2) For Classes C and M drivers' licenses.............................................................. 4.50
(3) For Classes A and B drivers' licenses............................................................... 8.50
(4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit .................. 35.00
(5) For instruction permits for Classes A, B, C, and M commercial drivers' licenses................................................................................................ 8.50
(6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test ....................................................................... 65.00
(7) For Classes A, B, C^ and M commercial drivers' licenses, initial issuance not requiring a road test................................................................ 15.00
(8) For renewal of Classes A, B, C, and M commercial drivers' licenses.............................................................................................................. 8.50
(9) Initial issuance of Classes A, B, C^ and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing.................................................... 5.00
There shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit.
(b) Notwithstanding the provisions of subsection (a) of this Code section, any Class 1 or 2 license issued prior to the effective date of this article shall remain valid until its expiration unless otherwise lost, destroyed, suspended, or revoked prior to its expiration. A Class 3j 4, or 5 license shall remain valid unless lost, destroyed, suspended, revoked, or canceled, until its expiration or its earlier replacement under the 'Georgia Uniform Commercial Driver's License Act.'
fb) (c) Every such application shall state the full name, date ad place of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the department may require to determine the applicant's identity, competence, and eligibility. The department shall not issue a license until a complete examination of the applicant's record has been completed. The board may issue such rules and regulations as shall be necessary for the orderly processing of license applications.
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JOURNAL OF THE HOUSE,
{e) Whenever application is received from a person previously licensed m another jurisdiction, the department shall request a copy ef such driver's record from such other
jurisdiction, w ncn received, tnc driving record snail Dccomc a part Or tnc driver s record
licensing jurisdiction, the record shall be forwarded without charge."
Section 10. Said chapter is further amended by striking subsection (b) of Code Section 40-5-27, relating to examination of applicants, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department shall make provision for giving an examination either in the county where the applicant resides or at another place reasonably convenient to the applicant. The examination, with the exception of those required for a commercial driver's license, commercial driver's license permit, or Class Aj B, or M license, shall be given at least once eah month every three months in each county of the state."
Section 11. Said chapter is further amended by striking subsection (c) of Code Section 40-5-31, relating to temporary permits or licenses, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A temporary permit or license issued pursuant to this Code section shall be valid for tt 30 days but may be renewed in the event the applicant's new permit or license has not been received within such time."
Section 12. Said chapter is further amended by striking subsections (c) and (d) of Code Section 40-5-32, relating to expiration of licenses, which read as follows:
"(c) The department may defer the expiration of the license of a licensee who is on active duty in the armed forces of the United States and stationed outside of Georgia for a period not in excess of four years, upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of such serviceman, if such person is residing with the serviceman.
(d) No person applying for or requesting the renewal of any class of driver's license bearing the signature of Jimmy Carter as Governor of this state shall be required to surrender such license as a condition upon renewal of the license, nor shall any person qualifying for an operator's license be required to surrender a learner's license bearing the signature of Jimmy Carter as Governor of this state as a condition to issuance of the operator's license. If considered by the department to be necessary to protect against unlawful or fraudulent use of expired drivers' licenses retained under this Code section, the department may require such licenses to be canceled, stamped, or embossed in a reasonable manner, provided that such cancellation, stamp, or embossment shall not deface or obscure the signatures on the face of the driver's license.", in their entirety.
Section 13. Said chapter is further amended by striking Code Section 40-5-33, relating to notice of change of address, in its entirety and inserting in lieu thereof a new Code Section 40-5-33 to read as follows:
"40-5-33. Whenever any person, after applying for or receiving a driver's license, shall move from the address named in such application or in the license issued to him or when the name of a licensee is changed by marriage or otherwise, such person may shall apply to the department for a license showing the correct name or address within 30 days."
Section 14. Said chapter is further amended by striking Code Section 40-5-120, relating to the unlawful use of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-120 to read as follows:
"40-5-120. It is a misdemeanor for any person: (1) To display or cause or permit to be displayed or have in his possession any
canceled, revoked, suspended, fictitious, or fraudulently altered driver's license;
TUESDAY, JANUARY 31, 1989
373
(2) To lend his driver's license to any other person or permit knowingly the use thereof by another;
(3) To display or represent as his own any driver's license not issued to him; (4) To fail or refuse to surrender to the department upon lawful demand any driver's license which has been suspended, revoked, disqualified, or canceled; \o) r~0 tisc ft isisc OF fictitious nftHiG tfi flny spplicstion tor ~Q driver s license or
wise commit a fraud in any 9eh application; { ) (5) To permit any unlawful use of a driver's license issued to him; or (?) (6) To do any act forbidden or fail to perform any act required by this
chapter."
Section 15. Said chapter is further amended by striking Code Section 40-5-121, relating to driving while a license is suspended or revoked, in its entirety and inserting in lieu thereof a new Code Section 40-5-121 to read as follows:
"40-5-121. (a) Except when his license has been revoked as a habitual violator under Code Section 40-5-58, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor and, upon a first conviction thereof or plea of nolo contendere within five years, 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 punished by imprisonment for not less than two days nor more than six months, and there may be imposed in addition thereto a fine of not more than $500.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is_ obtained or a plea of nolo contendere is accepted, such person shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not more than $1,000.00.
(b) (1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-5-56 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the Uniform Citation. If the suspension or disqualification is verified and the driver possesses a driver's license, the license shall be confiscated and mailed to the Department of Public Safety. If the suspension or disqualification is not verified, the arresting officer shall serve the driver and attach the driver's license, if available, to the copy of service and send it to the Department of Public Safety.
(2) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspendedj disqualified, or revoked, shall extend the period of suspension or disqualification for six months. The court shall be required to confiscate the license, if applicable, and attach it to the Uniform Citation and forward it to the department within ten days of conviction. The period of suspension or disqualification provided for in this Code section shall begin on the date the person is convicted of violating this Code section. (c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving with suspended or disqualified license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section."
Section 16. Said chapter is further amended by adding a new Code Section 40-5-125 to read as follows:
"40-5-125. Any person who shall use a false or fictitious name in any application for a driver's license or knowingly make a false statement or knowingly conceal a material
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JOURNAL OF THE HOUSE,
fact or otherwise commit a fraud in any such application shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $200.00."
Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 18. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Byrd of the 153rd and Holland of the 136th move to amend the Committee substitute to HB 130 as follows:
Page 38, Section 10, line 20:
Delete the words "every three months", and insert at the end of line 19 the words "each month", so that the amended lines 19 and 20 shall read:
"B, or M license, shall be given at least once each month in each county of the state."
An amendment offered by Representative Branch of the 137th was read and withdrawn.
An amendment offered by Representative Greene of the 130th was read and withdrawn.
An amendment offered by Representative Smith of the 78th was read and withdrawn.
The following amendment was read:
Representative Oliver of the 121st moves to amend the Committee substitute to HB 130 as follows:
Page 5, line 8, after the word "vehicle", add the words "timber products vehicle,"
Page 5, line 19, after "carrier," add:
"As used in this paragraph, the term 'timber products vehicle' means a vehicle used to transport timber from the forest to any log or timber processing mill."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Aaron N Abernathy N Adams
N Aiken N Alford Y Alien N Athon N Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett.B
N Barnett.M NBeck Y Benefield
YBenn N Birdsong N Bishop N Bostick Y Branch N Breedlove Y Brooks Y Brown NBuck Y Buford YByrd N Carrell Y Carter
Chambless Y Chance
Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L N Colbert
Coleman
N Colwell Connell Couch Cox
Crawford Y Crosby Y Cummings.B
Cummings,M N Davis.C Y Davis.G Y Davis.M
Y Dixon.H N Dixon.S N Dobbs
Y Dover Y Dunn Y Edwards N Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee
Goodwin Y Green Y Greene N Gresham Y Griffin Y Groover N Hamilton
Y Manner N Harris
Y Hasty Heard
N Herbert
N Holcomb Y Holland N Holmes
Y Hooks Y Howren Y Hudson Y Irwin N Isakson N Jackson,J
Jackson.W N Jamieson
Jenkins N Johnson N Jones N Kilgore
TUESDAY, JANUARY 31, 1989
Y Kingston Y Lane.D Y Lane.R Y Langford
N Lawrence N Lawson N Lee Y Linder
YLong YLord N Lucas N Lupton N Mangum N Martin
Y McCoy
Y McDonald
N McKelvey
Y McKinney.B
N McKinney.C Y Meadows
N Milam N Mobley Y Moody Y Moore N Morton Y Moultrie N Mueller
Y Oliver.C N Oliver.M
NOrr
Orrock
Y Padgett
N Pannell
Y Parham
N Parrish Y Patten
N Pettit N Pinkston YPoag N Porter
Y Poston Y Powell Y Rainey N Randall
N Ransom
YRay Y Reaves Y Redding
Y Richardson Y Ricketson N Robinson
Y Royal
N Selman
Simpson
Sinkfield N Smith.L N Smith.P Y Smith.T N Smith.W NSmyre
Snow Y Stancil.F N Stancil.S
Stanley N Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond N Titus
On the adoption of the amendment, the ayes were 87, nays 71. The amendment was adopted.
375
Y Tolbert N Townsend Y Twiggs Y Vaughan N Waddle
Walker.C Y Walker,L N Wall N Ware N Watson Y Watts Y White N Wilder N Williams.B Y Williams,J
Yates Yeargin Murphy.Spkr
The following amendment was read:
Representative Branch of the 137th moves to amend the Committee substitute to HB 130 as follows:
On line 16 and 17 page 5 the words "and operated within 150 miles of such person farm."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Aaron N Abernathy
Adams N Aiken N Alford N Alien N Athon N Atkins N Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett.B N Barnett.M YBeck N Benefield N Benn N Birdsong N Bishop Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Buck N Buford YByrd N Carrell Y Carter N Chambless N Chance Y Cheeks N Childers N Clark.B
Y Clark.H
Y Clark.L N Colbert
Coleman
N Colwell
Y Connell
Couch
Cox
Y Crawford
Y Crosby
N Cummings.B
Cummings.M N Davis.C Y Davis.G Y Davis.M Y Dixon.H N Dixon.S N Dobbs
N Dover
Y Dunn
Y Edwards Y Ehrhart N Felton Y Fennel N Floyd
N Foster Y Godbee
Y Goodwin Y Green
Y Greene N Gresham Y Griffin N Groover N Hamilton
Y Manner
N Harris
Y Hasty
N Heard
N Herbert N Holcomb Y Holland N Holmes Y Hooks
N Howren
Y Hudson N Irwin N Isakson N Jackson,J
Jackson.W Y Jamieson Y Jenkins
Y Johnson N Jones N Kilgore N Kingston N Lane.D Y Lane.R Y Langford N Lawrence
N Lawson NLee N Linder YLong NLord
N Lucas
N Lupton
N Mangum
N Martin Y McCoy N McDonald N McKelvey
Y McKinney.B
N McKinney.C
Y Meadows N Milam N Mobley Y Moody Y Moore N Morton Y Moultrie Y Mueller Y Oliver.C N Oliver.M
N Orr
N Orrock Y Padgett N Pannell Y Parham N Parrish Y Patten N Pettit
N Pinkston
YPoag
N Porter Y Poston Y Powell Y Rainey N Randall N Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson N Robinson Y Royal
N Selman Simpson
Y Sinkfield
Y Smith.L
N Smith.P Y Smith.T N Smith.W
N Smyre
N Snow Y Stancil.F Y Stancil.S N Stanley
N Steele
Y Stephens N Teper
Y Thomas.C
Y Thomas.M
N Thompson
Y Thurmond
N Titus
N Tolbert N Townsend Y Twiggs
Y Vaughan N Waddle
Walker.C N Walker.L N Wall N Ware N Watson N Watts Y White
N Wilder Williams.B
N Williams,J N Yates N Yeargin
Murphy.Spkr
376
JOURNAL OF THE HOUSE,
On the adoption of the amendment, the ayes were 75, nays 95. The amendment was lost.
The following amendment was read:
Representative Groover of the 99th moves to amend the Committee substitute to HB 130 as follows:
By striking all of Section 17, and inserting "This Act shall become effective July 1, 1990.".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Aaron N Abernathy N Adams N Aiken N Alford N Alien N Athon N Atkins Y Bailey N Baker
Balkcom N Bannister N Barfoot Y Bargeron N Barnett,B
N Barnett.M NBeck N Benefield NBenn N Birdsong N Bishop N Bostick Y Branch
N Breedlove Y Brooks N Brown N Buck
Y Buford N Byrd N Carrell Y Carter N Chambless N Chance N Cheeks N Childers N Clark.B
N Clark.H Y Clark.L N Colbert Y Coleman Y Colwell N Connell
Couch Cox N Crawford
N Crosby N Cummings.B
Cummings.M N Davis,C Y Davis.G Y Davis.M
N Dixon.H N Dixon.S N Dobbs Y Dover N Dunn Y Edwards N Ehrhart N Felton Y Fennel N Floyd N Foster N Godbee N Goodwin Y Green
Y Greene N Gresham Y Griffin Y Groover
N Hamilton N Manner N Harris
Y Hasty N Heard N Herbert N Holcomb Y Holland N Holmes Y Hooks Y Howren Y Hudson N Irwin N Isakson N Jackson,J
Jackson.W Y Jamieson Y Jenkins
N Johnson N Jones Y Kilgore N Kingston N Lane.D N Lane.R Y Langford N Lawrence
N Lawson N Lee N Linder
YLong YLord Y Lucas N Lupton N Mangum N Martin
N McCoy N McDonald N McKelvey Y McKinney.B
N McKinney.C Y Meadows N Milam N Mobley Y Moody Y Moore N Morton N Moultrie N Mueller Y Oliver.C N Oliver.M NOrr N Orrock
Y Padgett N Pannell
Y Parham Y Parrish N Patten N Pettit Y Pinkston
N Poag N Porter Y Poston Y Powell
N Rainey N Randall N Ransom
YRay Y Reaves Y Redding Y Richardson N Ricketson N Robinson Y Royal N Selman
Simpson
On the adoption of the amendment, the ayes were 57, nays 115. The amendment was lost.
N Sinkfield Y Smith.L N Smith.P Y Smith.T N Smith,W N Smyre N Snow N Stancil,F Y Stancil.S Y Stanley N Steele N Stephens N Teper Y Thomas.C Y Thomas.M
N Thompson N Thurmond
N Titus N Tolbert N Townsend
Y Twiggs N Vaughan N Waddle
Walker.C N Walker.L N Wall N Ware
N Watson N Watts Y White N Wilder N Williams.B Y Williams,J
N Yates Y Yeargin
Murphy ,Spkr
An amendment offered by Representative Groover of the 99th was read and withdrawn.
The following amendment was read and lost:
Representative Jenkins of the 80th moves to amend the Committee substitute to HB 130 as follows:
By inserting on line 14, page 5 following the word "farmer", "or employee thereof subject to changes in the language or interpretation of the Federal Commercial Motor
TUESDAY, JANUARY 31, 1989
377
Vehicle Safety Act of 1986, Title XII of Public Law 99-570 and rules promulgated thereunder which would so allow such a definition;".
The following amendment was read and adopted:
Representative Jackson of the 9th moves to amend HB 130 by striking from the beginning of line 32 of page 13 and the beginning of line 4 of page 37 the following:
"There",
and inserting in its place the following:
"Except as provided in Code Section 40-5-36, relating to veterans' licenses, there",
and by striking from lines 9 through 13 of page 33 the following:
", and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance",
and by inserting on line 23 of page 33, between the word "pounds" and the semicolon, the following:
"and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance".
The following amendment was read and lost:
Representative Orr of the 9th moves to amend the Committee substitute to HB 130 as follows:
By inserting the word "customarily" immediately after the word "and" and before the word "operated" on line 16, page 5.
Representative Smith of the 152nd moved that the House reconsider its action in failing to adopt the Branch amendment.
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron N Abernathy Y Adams N Aiken
N Alford Y Alien N Athon Y Atkins Y Bailey N Baker Y Balkcom N Bannister Y Barfoot Y Bargeron N Barnett.B N Barnett.M
NBeck N Benefield NBenn N Birdsong N Bishop
Bostick Y Branch N Breedlove Y Brooks
Y Brown NBuck N Buford YByrd
N Carrell Y Carter N Chambless Y Chance Y Cheeks N Childers
Y Clark.B N Clark.H Y Clark.L N Colbert
Coleman N Colwell Y Connell
Couch Cox Crawford Y Crosby N Cummings,B Cummings.M N Davis.C Y Davis.G
Y Davis.M Y Dixon.H N Dixon.S N Dobbs N Dover YDunn Y Edwards Y Ehrhart N Felton Y Fennel
N Floyd N Foster Y Godbee N Goodwin N Green N Greene Y Gresham Y Griffin Y Groover N Hamilton
Hanner N Harris
Y Hasty N Heard N Herbert
N Holcomb Y Holland N Holmes Y Hooks Y Howren Y Hudson N Irwin N Isakson N Jackson,J
Jackson, W
Y Jamieson Y Jenkins
Johnson N Jones N Kilgore Y Kingston N Lane.D Y Lane.R Y Langford N Lawrence N Lawson NLee N Linder NLong YLord
N Lucas N Lupton N Mangum N Martin
N McCoy N McDonald N McKelvey Y McKinney.B N McKinney.C Y Meadows N Milam N Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Y Oliver.C N Oliver.M NOrr
Orrock N Padgett
N Pannell Y Parham N Parrish
378
N Patten N Pettit N Pinkston YPoag N Porter Y Poston Y Powell Y Rainey N Randall N Ransom YRay
JOURNAL OF THE HOUSE,
Y Reaves Y Redding Y Richardson Y Ricketson
N Robinson
N Royal
N Selman
Simpson Y Sinkfield Y Smith.L N Smith.P
Y Smith.T
Y Smith.W
N Smyre
N Snow
N Stancil.F Y Stancil.S N Stanley N Steele Y Stephens Y Teper Y Thomas.C
Y Thomas.M
Y Thompson
N Thurmond
N Titus N Tolbert
N Townsend Y Twiggs N Vaughan N Waddle
Walker.C N Walker.L
N Wall N Ware N Watson N Watts Y White N Wilder
Williams.B Y Williams,J N Yates Y Yeargin
Murphy.Spkr
On the motion, the ayes were 73, nays 93. The motion was lost.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by 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 Abernathy N Adams Y Aiken Y Alford
Y Alien Y Athon
Y Atkins N Bailey Y Baker
Y Balkcom
N Bannister
Y Barfoot N Bargeron
Y Barnett.B
Y Barnett.M
YBeck
Y Benefield
Y Benn N Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove
Y Brooks Y Brown YBuck N Buford
NByrd
N Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers N Clark.B
Y Clark.H
N Clark.L Y Colbert Y Coleman N Colwell
Y Connell
Couch Cox
N Crawford Y Crosby
Y Cummings.B
Y Cummings.M
Y Davis.C
N Davis.G N Davis.M
Y Dixon.H
N Dixon.S N Dobbs
N Dover
N Dunn N Edwards Y Ehrhart Y Felton N Fennel Y Floyd N Foster Y Godbee Y Goodwin N Green N Greene Y Gresham
N Griffin N Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb
N Holland Y Holmes N Hooks N Howren N Hudson
Y Irwin Y Isakson Y Jackson.J
Jackson.W N Jamieson N Jenkins
Y Johnson Y Jones N Kilgore
Y Kingston Y Lane.D
N Lane.R
N Langford
Y Lawrence Y Lawson
YLee Y Linder Y Long NLord Y Lucas Y Lupton
Y Mangum
Y Martin
Y McCoy N McDonald Y McKelvey N McKinney.B
Y McKinney.C
N Meadows
Y Milam Y Mobley N Moody N Moore
Y Morton
Y Moultrie Y Mueller
Y Oliver.C
Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten
Y Pettit
Y Pinkston NPoag
Y Porter N Poston N Powell
N Rainey Y Randall Y Ransom NRay Y Reaves N Redding
N Richardson Y Ricketson Y Robinson N Royal Y Selman
Simpson
N Sinkfield N Smith.L
Y Smith,?
N Smith.T
Y Smith.W
Y Smyre YSnow
N Stancil.F
Y Stancii.S
N Stanley
Y Steele Y Stephens Y Teper Y Thomas.C N Thomas.M
Y Thompson
Y Thurmond
Y Titus Y Tolbert
Y Townsend
N Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B N Williams,J Y Yates N Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 57.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Resolutions of the House, favorably reported by the Committee on Agriculture and Consumer Affairs, were read and adopted:
TUESDAY, JANUARY 31, 1989
379
HR 170. By Representatives Reaves of the 147th, Godbee of the 110th, Oliver of the 121st, Byrd of the 153rd, Lord of the 107th and others:
A resolution proclaiming February 1, 1989, as Georgia Farm Bureau Day at the state capitol.
HR 172. By Representatives Lane of the lllth, Oliver of the 121st, Godbee of the 110th, Parrish of the 109th, Byrd of the 153rd and others:
A resolution urging the Secretary of Agriculture of the United States to adopt the proposed federal marketing order for Vidalia onions.
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.
380
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, February 1, 1989
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. James Langley, Minister of Programs, First Baptist Church, Riverdale, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 547. By Representatives Sinkfield of the 37th, Dover of the llth, Benn of the 38th and Heard of the 43rd: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that the State Board of Education shall establish a schedule of minimum salaries for paraprofessionals, aides, uncertified persons who function in the same manner as certified personnel, and education secretaries.
Referred to the Committee on Education.
HB 548. By Representatives Sinkfield of the 37th, Dover of the llth, Benn of the 38th and Heard of the 43rd: A bill to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for and disqualifying acts of certified professional personnel under the "Quality Basic Education Act," so as to provide for employment contracts for licensed personnel, paraprofessionals, aides, and education secretaries; to provide procedures for the tendering of new contracts annually.
Referred to the Committee on Education.
WEDNESDAY, FEBRUARY 1, 1989
381
HB 549. By Representatives Oliver of the 53rd, Baker of the 51st, Lawrence of the 49th, Richardson of the 52nd, Teper of the 46th and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 550. By Representatives Hasty of the 8th, Barnett of the 10th and Stancil of the 8th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County on the salary system in lieu of fees, so as to provide for a supplement to the compensation of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 551. By Representative Smith of the 78th: A bill to create the Lamar County Water and Sewer Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th, Steele of the 97th, Poag of the 3rd and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility required for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 553. By Representatives Sinkfield of the 37th, Benn of the 38th and Heard of the 43rd:
A bill to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs.
Referred to the Committee on Education.
HB 554. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating and establishing the State Court of Tift County, so as to change the minimum compensation of the sheriff and the clerk.
Referred to the Committee on State Planning & Community Affairs - Local.
382
JOURNAL OF THE HOUSE,
HB 555. By Representative Goodwin of the 63rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide procedures for the exercise of the zoning power by counties of this state having a population of 150,000 or more according to the United States decennial census of 1980 or any future such census; to provide for a short title.
Referred to the Committee on State Planning & Community Affairs.
HB 556. By Representatives Oliver of the 53rd, Hamilton of the 124th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to define "dependent child"; to provide that when a court orders temporary or permanent child support for a minor child such support shall continue until such child reaches the age of 22 years or the child is no longer a dependent child or until such time as the court modifies its order.
Referred to the Committee on Judiciary.
HB 557. By Representative Smith of the 78th:
A bill to amend Code Section 47-3-89 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia for service in governmentally supported schools other than public schools, so as to authorize creditable service for certain additional types of service; to provide conditions for an effective date and for automatic repeal.
Referred to the Committee on Retirement.
HB 558. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to change the election and terms of office of the city commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 559. By Representatives Robinson of the 96th, Buck of the 95th, Steele of the 97th, Moultrie of the 93rd, Bishop of the 94th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the Superior Court of the Chattahoochee Judicial Circuit.
Referred to the Committee on Judiciary.
HB 560. By Representatives Hamilton of the 124th, Childers of the 15th, Richardson of the 52nd, Oliver of the 53rd and Connell of the 87th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for coordination of the delivery of services to children and adolescents with severe emotional disturbances.
Referred to the Committee on Health & Ecology.
WEDNESDAY, FEBRUARY 1, 1989
383
HB 561. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Jackson of the 9th, Orr of the 9th and others:
A bill to amend an Act abolishing the office of coroner of Gwinnett County and establishing in its place the office of medical examiner of Gwinnett County, so as to change certain provisions relating to persons qualified to hold the office of medical examiner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 562. By Representative Bannister of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change certain provisions relating to the election and taking of office of mayor and council members.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 563. By Representatives Oliver of the 53rd and Pannell of the 122nd:
A bill to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to the tolling of limitations in civil actions, so as to provide that where the right of action is upon a judgment for child support, the period of limitations shall run only from the last date upon which the obligor shall be legally liable for the payment of said child support.
Referred to the Committee on Judiciary.
HB 564. By Representatives Aiken of the 21st, Isakson of the 21st, Clark of the 20th, Howren of the 20th, Atkins of the 21st and others:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require each local school superintendent to give written notice to the commission when any educator resigns or undergoes termination, suspension, nonrenewal, or demotion; to provide for optional notices with respect to letters of reprimand.
Referred to the Committee on Education.
HB 565. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Robinson of the 96th, Lawson of the 9th 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 regulate the business of renting motor vehicles; to define certain terms; to provide that authorized drivers of rental vehicles shall not be liable for damage to rental vehicles except in certain situations.
Referred to the Committee on Judiciary.
HB 566. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Robinson of the 96th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide a means whereby any insurer organized under the laws of any other state may become a domestic insurer; to provide a means for any domestic insurer to transfer its domicile to another state.
Referred to the Committee on Insurance.
384
JOURNAL OF THE HOUSE,
HB 568. By Representatives Dover of the llth, McKelvey of the 15th, Martin of the 26th and Hooks of the 116th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the Governor's Employment and Training Council shall assist the Commissioner of Labor; to provide for the creation of the Governor's Employment and Training Council.
Referred to the Committee on Industrial Relations.
HB 569. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th:
A bill to amend Code Section 34-8-152 of the Official Code of Georgia Annotated, relating to determination of eligibility for benefits of persons performing certain services, so as to change certain provisions relating to determination of eligibility for benefits of persons performing services in educational institutions.
Referred to the Committee on Industrial Relations.
HB 570. By Representative Alien of the 127th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge and to remain a member of the retirement system during such additional term of office.
Referred to the Committee on Retirement.
HR 189. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A resolution creating the Franchised Motor Vehicle Practices Study Committee.
Referred to the Committee on Motor Vehicles.
HR 190. By Representatives Ray of the 98th, Edwards of the 112th, Buck of the 95th, Robinson of the 96th, Steele of the 97th and others:
A resolution designating a portion of the growth corridor program as the "Peach Parkway".
Referred to the Committee on Transportation.
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 580. By Representatives Johnson of the 123rd, Mueller of the 126th, Benn of the 38th and Orrock of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require certain hospitals which operate emergency rooms to post certain notices in such emergency rooms; to provide for the content of such notices.
Referred to the Committee on Health & Ecology.
WEDNESDAY, FEBRUARY 1, 1989
385
HB 585. By Representatives Dover of the llth, Twiggs of the 4th, Barnett of the 10th, Royal of the 144th and Coleman of the 118th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services; to state legislative intent with respect to use of tax proceeds.
By unanimous consent, HB 585 was ordered engrossed.
Referred to the Committee on Ways & Means.
HB 591. By Representatives Wilder of the 21st, Isakson of the 21st, Pettit of the 19th and Kingston of the 125th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and responsibilities of the Department of Public Safety and the chief registrar of each county with respect to jury lists.
Referred to the Committee on Judiciary.
HB 592. By Representatives Smith of the 152nd, Byrd of the 153rd, Jackson of the 9th, Moody of the 153rd, Mangum of the 57th and others:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 40, so as to change the definition of the term "school bus".
Referred to the Committee on Education.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 512 HB 513 HB 514 HB 515 HB 516
HB III HB 518
HR W9 HB 523
HB 538 HB 539 HB 540 HB 541 HB 542
HB 543 HB 544
HB 545 HB 546
HHBB 552278 HB 529
5^" SB 39
HB 530 HB 531 HB 532 HB 533 HB 534 HB 535 HB 536 HB 537
{* f bt! 51 SB 113 SB 161 SB 166 SB 168 SB 176 SR 27
Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:
386
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 221 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman
Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks 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 134 Do Pass, as Amended HB 50 Do Pass
Respectfully submitted, /s/ Rainey of the 135th
Chairman
Representative Clark of the 55th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 261 Do Pass
Respectfully submitted, /s/ Clark of the 55th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 495 Do Pass, as Amended HB 252 Do Pass, as Amended HB 377 Do Pass, as Amended
HB 412 Do Pass HB 466 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
WEDNESDAY, FEBRUARY 1, 1989
387
Representative Barnett of the 10th District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 185 Do Pass, by Substitute HB 280 Do Pass, as Amended
HB 95 Do Pass, by Substitute HB 492 Do Pass, by Substitute
Respectfully submitted, Is/ Barnett of the 10th
Vice-Chairman
Representative Lane of the 27th 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 350 Do Pass
Respectfully submitted, Is/ Lane of the 27th
Chairman
Representative Lane of the 27th 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 461 Do Pass HB 498 Do Pass HB 526 Do Pass
Respectfully submitted, Is/ Lane of the 27th
Chairman
Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 161 Do Pass, by Substitute HR 34 Do Pass
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JOURNAL OF THE HOUSE,
Respectfully submitted, 1st Buck of the 95th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 461. By Representative Meadows of the 91st:
A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether 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 498. By Representative Greene of the 130th:
A bill to amend an Act incorporating the City of Shellman in the County of Randolph, so as to change the provisions relating to the election of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 526. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, so as to change the provisions relating to membership of the joint board; to remove the supervisor of registration and elections from membership on the joint board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:
WEDNESDAY, FEBRUARY 1, 1989
389
SR 35. By Senator Engram of the 34th: A resolution designating the "Joel Cowan Parkway".
SR 36. By Senator Engram of the 34th: A resolution designating the "Floy Farr Parkway".
SR 39. By Senator Fincher of the 54th: A resolution designating the William A. Ridley Bridge.
SR 42. By Senators Allgood of the 22nd, Ray of the 19th and Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to provide that if any person has been elected to any state, county, or municipal office but has not taken office qualifies for election to any other office, then the office to which such person has been elected shall be declared vacant; to provide for the submission of this amendment for ratification or rejection.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 3. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that under certain conditions when a permanent status employee appeals an adverse action calling for the dismissal of the employee, the employee shall be entitled to his or her regular compensation.
SB 6. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.
SB 45. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or campaign committee, so as to provide that contributions to any candidate from any person which do not exceed $100.99 in the aggregate do not require separate reporting in the county or municipality of such candidate's residence.
SB 159. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to increases in salary based on longevity in office with respect to the clerks of the superior courts, judges of the probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, so as to change the provisions relating to increases in salary.
390
JOURNAL OF THE HOUSE,
SB 169. By Senator Olmstead of the 26th:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations only, so as to change the provisions relating to voting upon questions by interested council members; to define the term "personally interested"; to provide an effective date.
SB 171. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide for a vacancy in the office of county attorney unless action is taken to reappoint the same person as county attorney following an election of members of the county governing authority; to provide for the appointment and removal of the county attorney.
HB 91. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 52. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public housing"; to provide an effective date.
SB 165. 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 change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions relating to procedures for qualification of candidates generally.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 3. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-8 of the Official Code of Georgia Annotated, relating to procedure for adverse action against permanent status employees generally under the merit system, so as to provide that under certain conditions when a permanent status employee appeals an adverse action calling for the dismissal of the employee, the employee shall be entitled to his or her regular compensation.
Referred to the Committee on State Planning & Community Affairs.
WEDNESDAY, FEBRUARY I, 1989
391
SB 6. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.
Referred to the Committee on Governmental Affairs.
SB 45. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to contributions or expenditures other than through a candidate or campaign committee, so as to provide that contributions to any candidate from any person which do not exceed $100.99 in the aggregate do not require separate reporting in the county or municipality of such candidate's residence.
Referred to the Committee on Rules.
SB 52. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public housing"; to provide an effective date.
Referred to the Committee on Industry.
SB 159. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to increases in salary based on longevity in office with respect to the clerks of the superior courts, judges of the probate courts, and sheriffs; to amend Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, so as to change the provisions relating to increases in salary.
Referred to the Committee on Appropriations.
SB 165. 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 change the date of the general primary; to repeal certain provisions relating to nonpartisan primaries and to change provisions relating to nonpartisan elections; to change the provisions relating to procedures for qualification of candidates generally.
Referred to the Committee on Governmental Affairs.
SB 169. By Senator Olmstead of the 26th:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations only, so as to change the provisions relating to voting upon questions by interested council members; to define the term "personally interested"; to provide an effective date.
Referred to the Committee on Governmental Affairs.
392
JOURNAL OF THE HOUSE,
SB 171. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide for a vacancy in the office of county attorney unless action is taken to reappoint the same person as county attorney following an election of members of the county governing authority; to provide for the appointment and removal of the county attorney.
Referred to the Committee on Governmental Affairs.
SR 35. By Senator Engram of the 34th: A resolution designating the "Joel Cowan Parkway".
Referred to the Committee on Transportation.
SR 36. By Senator Engram of the 34th: A resolution designating the "Floy Farr Parkway".
Referred to the Committee on Transportation.
SR 39. By Senator Fincher of the 54th: A resolution designating the William A. Ridley Bridge.
Referred to the Committee on Transportation.
SR 42. By Senators Allgood of the 22nd, Ray of the 19th and Dean of the 31st:
A resolution proposing an amendment to the Constitution so as to provide that if any person has been elected to any state, county, or municipal office but has not taken office qualifies for election to any other office, then the office to which such person has been elected shall be declared vacant; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Governmental Affairs.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 191. By Representatives Foster of the 6th, Griffin of the 6th, Dover of the llth, Balkcom of the 140th, Twiggs of the 4th and others:
A resolution commending Chastity Carol Waters and inviting her to appear.
HR 192. By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address from His Excellency, Juan Antonio Samaranch, President, International Olympic Committee.
HR 193. By Representatives Smith of the 16th, Coleman of the 118th, Foster of the 6th and Griffin of the 6th:
A resolution congratulating Melissa Hope Griffin and inviting her to appear before the House of Representatives.
WEDNESDAY, FEBRUARY 1, 1989
393
HR 194. By Representative Isakson of the 21st:
A resolution inviting the family of the late Honorable Carl Harrison to appear before the House of Representatives.
HR 198. By Representatives Connell of the 87th, Buck of the 95th, Pinkston of the 100th, Patten of the 149th, Parrish of the 109th and others:
A resolution commending Robert B. Shapiro and inviting him to appear before the House of Representatives.
HR 197. By Representatives Johnson of the 123rd, Alien of the 127th, Kingston of the 125th, Dixon of the 128th, Pannell of the 122nd and others:
A resolution commending William R. "Bill" Davis and inviting him to appear before the House of Representatives.
The following Resolution of the House was read and referred to the Committee on Transportation:
HR 195. By Representatives Bannister of the 62nd, Barnett of the 59th, Tolbert of the 58th, Lawrence of the 49th, Wall of the 61st and Breedlove of the 60th:
A resolution relative to the proposed expansion of Stone Mountain-Britt Memorial Airport.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th, Lawson of the 9th and Coleman of the 118th:
A bill to amend Article 3 of Chapter 13 of Title 48 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, and accomodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times; to change the periods 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:
Senate Amendment No. 1 Amend HB 1 by striking on page 11, line 22, the following: "thereof.", and inserting in lieu thereof the following: "thereof, or an athletic facility operated primarily as an open-air baseball stadium."
Representative Smyre of the 92nd moved that the House disagree to the Senate amendment to HB 1.
On the motion, the roll call was ordered and the vote was as follows:
394
JOURNAL OF THE HOUSE,
N Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins
Bailey Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield
YBenn Y Birdsong Y Bishop
N Bostick Y Branch Y Breedlove
N Brooks Y Brown Y Buck Y Buford YByrd Y Carrell N Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C N Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton N Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong
Lord Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall
Y Ransom Ray
Y Reaves N Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
Snow Y Stancil.F Y Stancil.S N Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker,L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams ,J Y Yates Y Yeargin
Murphy.Spkr
On the motion, the ayes were 154, nays 8. The motion prevailed.
The following Senate amendment was read:
Senate Amendment No. 2
Amend HB 1 by inserting on page 9, line 32, between "above." and "Any" the following:
"Any such contract shall be required to contain provisions requiring the development of a minority participation plan for the participation of minority businesses in the design, development, construction, maintenance, and operation of such multipurpose domed stadium facility."
Representative Smyre of the 92nd moved that the House disagree to the Senate amendment to HB 1.
On the motion, the roll call was ordered and the vote was as follows:
N Aaron N Abernathy Y Adams Y Aiken Y Alford N Alien
Y Athon Y Atkins Y Bailey N Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
YBenn Y Birdsong N Bishop Y Bostick Y Branch Y Breedlove
N Brooks N Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B
N Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B N Cummings.M
Y Davis.C N Davis.G Y Davis.M
Dixon.H Y Dixon.S
Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
WEDNESDAY, FEBRUARY 1, 1989
395
Y Floyd
Y Foster Y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Banner
Y Harris Y Hasty
Y Heard Y Herbert Y Hokomb Y Holland N Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y JacksonJ
Jackson, W
Y Jamieson Jenkins
N Johnson Y Jones Y Kilgore N Kingston
Lane,D Y Lane.R
Y Langford Y Lawrence
Y Lawson Y Lee
N Linder Y Long
Lord N Lucas Y Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey N McKinney.B
N McKinney.C
Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
N Orr N Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
On the motion, the ayes were 141, nays 26. The motion prevailed.
Y Rainey
N Randall Y Ransom
Ray Y Reaves N Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman
Y Simpson N Sinkfield
Y Smith.L Y Smith,P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S N Stanley Y Steele Y Stephens
Y Teper
Y Thomas.C N Thomas.M
Y Thompson N Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and Lawson of the 9th
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", approved April 14, 1988 (Ga. L. 1988, P. 1998), so as to change certain appropriations for the State Fiscal Year 1988-1989; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
An Act providing appropriations for the State Fiscal Year 1988-1989, known as the "General Appropriations Act", approved April 14, 1988 (Ga. L. 1988, P. 1998), is amended by striking everything following the enacting clause through Section 77, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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 ...................................................................................$
20,923,966 9,566,914
3,309,287 2,535,972
116,800
396
JOURNAL OF THE HOUSE,
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............................ Photography...................................... Expense Reimbursement Account. Capital Outlay.................................. Total Funds Budgeted..................... State Funds Budgeted.....................
6,000 0
365,000 415,500
63,700 624,000
383,732
2,315,261 68,000
1,132,800 21,000
20,923,966 20,923,966
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
$
1,895,793
$
786,990
$
1,132,998
$
5,874,624
2,058,843
1,895,793 786,990
1,132,998 5,874,624
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
WEDNESDAY, FEBRUARY 1, 1989
397
said space as compared to the 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 for 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 for from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...........,...................................................$ Equipment........................................................................................$ Per Diem, Fees and Contracts ..,...................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
12,596,408
10,381,288 364,220 813,972 172,500 24,900 50,888 336,140 396,800 55,700
12,596,408 12,596,408
PART II. JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
3,865,298
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
4,706,034
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......................................................................$
37,139,954 35,415,299
747,652 119,600
73,435
768,968 15,000
Section 6. Institute of Continuing
398
JOURNAL OF THE HOUSE,
Judicial Education. Budget Unit: Institute of Continuing
Judicial Education....... Institute's Operations.......................... Georgia Magistrate Courts
Training Council...............................
Section 7. Judicial Council. Budget Unit: Judicial Council..................
Council Operations............................... Payments to Judicial
Administrative Districts for Case Counting................................... Board of Court Reporters................... Payment to Council of Magistrate Court Judges..................................... Payment to Council of Probate Court Judges..................................... Payment to Council of State Court Judges..................................... Georgia Appellate Resource Center .. Statewide County Computerized Information Network.......................
Section 8. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission...................
Section 9. Juvenile Courts. Budget Unit: Juvenile Courts...................
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 Division...................................................................... Direct Payments to Georgia Building Authority for Capital Outlay........................................................... Direct Payments to Georgia Building Authority for Operations.................................................................
550,368 425,506 124,862
1,521,173 676,588
71,000 28,575 26,000 20,000 10,000 150,000 539,010
39,652,220 42,591,314
9,717,316 335,449 430,700
4,215,479 8,833,624 3,288,851
897,578 633,762 15,966,243
42,635 1,957,232
WEDNESDAY, FEBRUARY 1, 1989
399
Telephone Billings....................... Materials for Resale..................... Public Safety Officers
Indemnity Fund........................ Health Planning Review Board
Operations................................. Georgia Golf Hall of Fame
Operations................................. Grants to Counties....................... Grants to Municipalities............. Total Funds Budgeted................. State Funds Budgeted.................
34,165,279 11,650,000
608,800
50,000
30,000 2,600,000 4,200,000 142,214,262 39,652,220
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
377,280 2,314,218
16,880,785
12,128,279 2,734,176
657,217
521,873 50,545,599 3,844,853 42,710,204 5,574,379 1,564,315
683,247 1,677,837 142,214,262
377,280 2,285,287
14,828,637
0 2,734,176
0
521,873 12,924,967
0 5,850,000
130,000 0 0 0
39,652,220
B. Budget Unit: Georgia Building Authority................
Georgia Building 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................................ Utilities............................................
Contractual Expenses.................... Fuel...................................................
Facilities Renovations and Repairs.................................
Total Funds Budgeted...................
State Funds Budgeted...................
0
18,324,000 4,729,200
21,100 200,070 129,700 51,000
10,800 111.100 154,000 100,000 8,488,000 190,000
0
1,500,000 34,008,970
0
400
JOURNAL OF THE HOUSE,
Georgia Building Authority Functional Budgets
Total Funds
State Funds
Grounds
$
1,922,900
0
Custodial
$
4,737,600
0
Maintenance
$
4,880,800
0
Security
$
4,642,800
0
Van Pool
$
322,370
0
Sales
$
4,343,500
0
Administration
$
12,556,100
0
Railroad Excursions
$
602,900
0
Facility Renovations
$
0
0
Total
$
34,008,970
0
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....................................
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
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....................................................
32,373,217
28,004,956 3,355,998
877,000 513,604 396,114 317,928 850,963 390,374 330,754 600,000
2,124,650
1,638,832 547,000 91,000 75,000 205,000
526,600
WEDNESDAY, FEBRUARY 1, 1989
401
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...........
75,000 0
60,000 50,000 100,000 41,130,773 32,373,217
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
$
4,304,536
$
6,374,502
$
1,766,211
$
3,628,428
$
4,312,030
$
1,405,150
$
3,012,727
$
5,925,309
$
4,107,818
$
4,006,733
$
364,797
$
1,922,532
$
41,130,773
3,839,911 6,002,778 1,721,957 3,628,428 4,234,030 1,405,150 3,004,727
4,567,704 1,611,752
534,248 0
1,822,532 32,373,217
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..............................
557,000 143,305
7,250 0
28,466 0 0
9,000 75,731 246,000 98,280 1,165,032
0
Section 12. Department of Banking
and Finance. A. Budget Unit: Department of Banking
and Finance...................... Administration and Examination Budget:
Personal Services....................................... Regular Operating Expenses................... Travel.......................................................... Motor Vehicle Purchases......................... Equipment..................................................
5,718,574
4,794,975 220,511 321,198 0 24,305
402
JOURNAL OF THE HOUSE,
Computer Charges. ..........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts. .....................................................$ Total Funds Budgeted.... ................................................................$ State Funds Budgeted......... ...........................................................$
122,402 184,272 48,911
2,000 5,718,574 5,718,574
Section 13. Department of Community Affairs.
A. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services. ....... .....................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ........,......................................................$ 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) ..........................................................................$ Special Investment
Grants............................................................................................$ Payment to Georgia Residential
Finance Authority .......................................................................$ Payment to Georgia Environmental
Facilities Authority
for Operations..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted. ...................................................................$
8,197,056
4,803,291 243,346 177,884 8,200 24,009 45,615 398,192 62,998 123,132 237,919
1,400,000 225,000
99,800
30,000,000
650,000
600,000
422,990 39,522,376 8,197,056
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Technical Assistance Community and Economic
Development Government Information Total
$
4,117,848
$
1,451,140
$
32,799,924
$
1,153,464
$
39,522,376
4,095,348 1,265,834
1,848,456 987,418
8,197,056
Section 14. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation......................... Personal Services............................................ Regular Operating Expenses........................ Travel............................................................... Motor Vehicle Purchases.............................. Equipment....................................................... Computer Charges..........................................
302,396,794 219,347,937
24,503,025 1,330,530 1,432,000 4,867,492 869,450
WEDNESDAY, FEBRUARY 1, 1989
403
Real Estate Rentals ........................................................................$ Telecommunications.......................................................................$ Per Diem, Fees and Contracts......................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................$ Court Costs.......................................................................................$ County Subsidy ...............................................................................$ Court Subsidy for Jails ..................................................................$ County Workcamp Construction
Grants............................................................................................$ Grants for Local Jails.....................................................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................$ 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 ....................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................$
2,920,461 2,264,367 1,687,805
730,000 8,479,215
300,000 11,110,000 7,850,000
1,250,000 20,000
682,000
3,199,945
1,429,703
315,196 1,100,000 12,969,341
48,946
289,190 741,400 200,000 309,938,003 450,000
0 7,091,209 302,396,794
Departmental Functional Budgets
Total Funds
State Funds
Administration Institutions and
Support Probation Total
$
37,769,661
$ 218,709,195
$
53,459,147
$ 309,938,003
$
37,209,661
$
217,467,398
$
47,719,735
$ 302,396,794
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 Subsidy for Jails.................... Total Funds Budgeted........................ State Funds Budgeted........................
19,572,433
16,110,043 478,284 432,902 124,500 139,348 126,706
1,115,131 395,169 100,350 550,000
19,572,433 19,572,433
404
JOURNAL OF THE HOUSE,
C. Budget Unit: Georgia Correctional Industries...........................
Georgia Correctional Industries Budget: Personal Services....................................... Regular Operating Expenses................... Travel..........................................................
Motor Vehicle Purchases......................... Equipment..................................................
Computer Charges..................................... Real Estate Rentals.................................. Telecommunications................................. Per Diem, Fees and Contracts................ Cost of Sales .............................................. Repayment of Prior Year's
Appropriations....................................... Capital Outlay........................................... Total Funds Budgeted.............................. State Funds Budgeted..............................
0
4,135,907 1,329,800
71,000 53,500 1,183,000 40,000 80,960 92,600 507,000 9,950,000
84,000 2,196,250 19,724,017
0
Section 15. Department of Defense. A. 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................ Grants to Locals - Emergency
Management Assistance....................... Grants - Others.......................................... Georgia Military Institute Grant............ Civil Air Patrol Contract......................... Capital Outlay........................................... Grants to Armories.................................... Repairs and Renovations.......................... Total Funds Budgeted............................... State Funds Budgeted...............................
4,808,042
7,423,010
3,720,608
66,382 27,200 50,725 13,830 7,800 77,596 183,500
1,050,000 44,100 18,000 42,000 0 63,160 325,125
13,113,036 4,808,042
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
$
1,259,010
$
3,009,677
$
3,336,041
$
5,508,308
$
13,113,036
1,186,750
903,813 462,047 2,255,432 4,808,042
Section 16. State Board of Education Department of Education.
Budget Unit: Department of Education........................
Operations Budget:
2,379,872,237
WEDNESDAY, FEBRUARY 1, 1989
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.................................. Mid-Term Adjustment................. Pupil Transportation.................... Isolated Schools............................. Local Fair Share............................ Other Categorical Grants: Equalization Formula................... Sparsity Grants.............................. Special Instructional Assistance. Middle School Incentive.............. Special Education Low -
Incidence Grants........................ Non-GBE Grants:
Education of Children of LowIncome Families.........................
Retirement (H.B. 272 and H.B. 1321) ........
Instructional Services for the Handicapped.......................
Tuition for the Multi-Handicapped...................
Severely Emotionally Disturbed. School Lunch (Federal)................ School Lunch (State)....................
Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification....................
Regional Educational Service Agencies........................
Georgia Learning Resources System.........................................
High School Program...................
405
39,123,435 4,671,121 1,709,045
96,590 553,792 9,276,774 2,278,485 724,081 17,404,447 851,720 232,000
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 14,645,867 83,370,542 446,973,429 38,731,870 106,375,602
992,440 (430,108,768)
114,111,755 1,500,000 1,000,000 13,298,790
100,000
86,908,735
1,950,000
29,455,844
2,102,000 31,942,336 127,921,445 22,666,600
5,895,946
6,137,565
2,991,722 17,905,323
406
JOURNAL OF THE HOUSE,
Special Education in State Institutions.........................
Governor's Scholarships................. Special Projects............................... Job Training Partnership Act....... Vocational Research and
Curriculum.................................... Salaries and Travel of
Public Librarians......................... Public Library Materials................ Talking Book Centers..................... Public Library M & O.................... Grants to Local School
Systems for Educational Purposes......................................... Child Care Lunch Program (Federal)....................... Chapter II - Block Grant Flow Through...............................
Payment of Federal Funds to Board of Technical & Adult Education...........................
Drug Free Schools (Federal) .......... Innovative Programs....................... Technology Grants........................... Limited English - Speaking
Students Program ........................ Removal of Architectural
Barriers (Federal)......................... Transition Program for Refugee
Children (Federal)........................ Emergency Immigrant Education
Program (Federal)........................
Robert C. Byrd Scholarships (Federal)........................................
Total Funds Budgeted..................... Indirect DOAS Services
Funding.......................................... State Funds Budgeted.....................
Education Functional Budgets
Total Funds
State Administration Instructional Services Governor's Honor Program Administrative Services Standards and Assessments Special Services Professional Standards
Commission Professional Practices
Commission Local Programs Ga. Academy for
the Blind Ga. School for the Deaf
$
4,038,232
$
16,253,133
$
1,040,401
$
20,064,964
$
15,004,976
$
4,111,796
$
258,975
$
540,693
$ 2,628,765,587
$
4,202,888
$
6,601,224
2,830,345 1,269,600
22,000 3,084,680
366,540
9,061,589 4,498,850
767,632 3,638,259
78,000,000
16,728,325
8,702,655
14,218,609 3,541,023
670,500 850,000
1,250,000
888,439
110,450
61,547
152,500 2,705,687,077
340,000 2,379,872,237
State Funds
$
3,578,218
$
9,011,693
$
978,945
$
14,502,123
$
14,374,372
$
2,657,601
$
258,975
$
540,693
$ 2,319,137,032
$
3,994,540
$
6,399,680
WEDNESDAY, FEBRUARY 1, 1989
407
Atlanta Area School for the Deaf
Total
4,804,208
2,705,687,077
4,438,365 2,379,872,237
Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement
System ..................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel. ...............................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
0
918,040 107,560
7,500 0
5,400 280,000 121,500 27,000 657,700
0 0 2,124,700 0
Section 18. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel............ ....................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Contractual Research......................................................................$ Payments to the University of
Georgia, School of Forestry for Forest Research .....................................................................$ Ware County Grant for Southern Forest World ................................................................................$ Ware County Grant for Road Maintenance.................................................................................$ Wood Energy Program...................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
32,179,758
26,727,598 6,712,733
157,298 1,259,133 2,335,896
115,305 39,694 871,599 490,347 250,000
300,000
30,000
60,000 28,000 268,800 39,646,403 32,179,758
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services Wood Energy General Administration
and Support Total
5,118,743 31,786,519
28,000
2,713,141 39,646,403
585,291 28,860,326
28,000
2,706,141 32,179,758
Section 19. Georgia Bureau of Investigation.
408
JOURNAL OF THE HOUSE,
Budget Unit: Georgia Bureau of Investigation.......
Operations Budget: Personal Services........................
Regular Operating Expenses.... Travel ........................................... Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts.
Evidence Purchased................... Capital Outlay............................ Total Funds Budgeted............... Total State Funds Budgeted....
31,008,237
22,511,687 2,268,866
600,075 466,800 546,894 584,085 1,779,565 1,683,765 42,500 479,000 45,000 31,008,237 31,008,237
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration Drug Enforcement Investigative Georgia Crime
Information Center Total
$
3,000,244
$
6,121,010
$
10,015,730
$
5,978,341
$
25,115,325
3,000,244 6,121,010 10,015,730
5,978,341 25,115,325
Forensic Sciences Functional Budget: Personal Services......................................... Regular Operating Expenses ..................... Travel............................................................ Motor Vehicle Purchases ........................... Equipment....................................................
Computer Charges....................................... Telecommunications ...................................
Per Diem, Fees and Contracts .................. Capital Outlay............................................. Total Funds Budgeted................................ Total State Funds Budgeted.....................
4,703,719 537,260 39,000 44,000 271,940
111,993 117,000 23,000 45,000 5,892,912 5,892,912
Section 20. Georgia Student Finance
Commission. Budget Unit: Georgia Student Finance
Commission.............................. Administrations 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
19,426,082
3,683,982 355,435 57,000 0 19,395 392,701 125,554 18,000 307,500
3,810,000 12,777,540 5,076,500
WEDNESDAY, FEBRUARY 1, 1989
409
Dependents' Grants .......................
North Georgia College ROTC Grants..................................
Osteopathic Medical Loans.............. Georgia Military Scholarship
Grants............................................... Paul Douglan Teacher Scholarship. Total Funds Budgeted....................... State Funds Budgeted.......................
40,000
112,000 200,000
344,000 550,000 27,869,607 19,426,082
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education Assistance
Corporation Georgia Student Finance
Authority Total
4,652,067
307,500
22,910,040 27,869,607
0
160,000
19,266,082 19,426,082
Section 21. Office of the Governor. Budget Unit: Office of the Governor..................................................$
Office of the Governor Budget: 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....................................................$ Humanities Grant - State Funds..................................................$ Art Acquisitions - State Funds .....................................................$
Children's Trust Fund Grants .......................................,..............$ Children and Youth Grants...........................................................$ Hazardous Waste Management Authority ..................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
20,197,193
8,805,813 451,250 188,300 0 61,734 148,400 643,014 211,480
48,734,896 2,790,542
40,000 2,500,000
158,000 2,750,000
345,006 50,000 40,000 662,461 100,000 1,150,000 69,830,896 20,197,193
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
5,488,542
807,449
5,447,197 3,786,261 1,994,660 47,757,592
5,488,542
739,236
5,307,197 3,248,016 1,994,660
341,127
410
JOURNAL OF THE HOUSE,
Council on Vocational Education
Consumers' Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Growth Strategies
Commission Human Relations Commission Total
288,447
651,987
656,436
1,409,005
1,153,325
277,625 112,370 69,830,896
133,447 651,987
410,656
339,005
1,153,325
277,625 112,370 20,197,193
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 Funding.................................................................$ State Funds Budgeted....................................................................$
435,364,076
51,845,001 2,607,562 1,426,054
0 406,777 3,391,166 5,048,438 1,065,557 2,528,844 299,074 996,856
0
4,000
8,708,680 10,761,878
236,000 35,342,499 124,668,386
638,300 56,712,268
General Administration and Support Functional Budgets
Total Funds
State Funds
Commissioner's Office Administrative Appeals Administrative Policy Personnel Administration Indirect Cost Facilities Management Public Affairs Community/
Intergovernmental Affairs Budget Administration Financial Services Auditing Services
1,376,601 1,433,256
310,462 1,676,691
0 4,938,930
529,285
509,212 1,650,435 5,161,837 2,045,111
934,001 1,274,924
310,462 1,632,736 (5,090,942) 3,444,691
529,285
509,212 1,650,435 4,961,837 2,045,111
WEDNESDAY, FEBRUARY 1, 1989
411
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 Regulations Compliance Monitoring Radiological Health Unit Fraud and Abuse Child Support Recovery Administrative Support Services Aging Services State Health Planning Total
516,000 10,761,878
479,385
9,341,668
709,060 2,413,625
805,153
3,414,749 402,997 802,603
5,521,776 21,156,778
9,493,933 37,905,223
1,311,738 124,668,386
516,000 10,245,359
142,505
0
685,175 2,403,625
578,992
964,243 402,997 599,959 273,214 2,754,503
9,281,333 14,405,873 1,256,738 56,712,268
2. Public Health Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Postage..............................................................................................$ Children's Medical Services .........................................................$ Grants for Regional Intensive Infant Care..................................................................$ Grants for Regional Maternal and Infant Care..........................................................$ Midwifery Program Benefits .........................................................$ Children's Medical Services...........................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................$ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................$ Family Planning Benefits ..............................................................$ Grants-In-Aid to Counties .............................................................$ Purchase of Service Contracts ......................................................$ Special Purpose Contracts.............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................$
45,075,805 53,770,037
1,238,723 0
471,476 822,731 800,445 690,827 3,589,183
0 100,551 623,632
4,936,795
2,055,000 2,068,464 7,456,223
400,000 2,650,000
4,050,421 302,000
62,677,766 10,556,055 6,360,000 210,696,134
549,718 123,254,051
Public Health Functional Budgets
Total Funds
State Funds
Director's Office
777,061
579,836
412
JOURNAL OF THE HOUSE,
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
Control Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grants in Aid to Counties Community Health Management Community Care AIDS Total
3. Rehabilitation Services 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............................. Postage.......................................... Institutional Repairs and Maintenance...................... Case Services................................ E.S.R.P. Case Services................ Special Purpose Contracts.........
Purchase of Services Contracts.
339,799 1,282,294 1,752,930
692,918 753,832
1,860,754 1,788,060
562,672
1,528,042
1,399,897 11,102,501 9,392,795 2,293,070 10,495,104 54,959,983 1,690,894 11,899,431 1,385,564
664,206 3,650,992
846,992 5,023,959 2,700,196
10,172,179 869,524
3,055,547
6,594,224 53,595,372
460,207 4,006,721 3,098,414 210,696,134
299,799 1,197,294 1,617,001
470,100 691,744
1,444,504 775,017 0
306,002
1,399,897 5,368,629 9,201,585
847,137 5,741,660
0 1,480,719 9,687,488 1,385,564
664,206 3,595,345
461,663 4,903,959 1,639,696
10,042,504 686,574
2,604,595
6,594,224 46,715,239
359,633 1,427,296 1,065,141 123,254,051
62,014,634 9,522,121
801,663 264,500 433,914 1,673,520 2,676,949 1,402,301 4,452,190 943,324
0 335,300
165,000 15,634,998
50,000 509,100 6,321,672
WEDNESDAY, FEBRUARY 1, 1989
413
Total Funds Budgeted.... Indirect DOAS Funding. State Funds Budgeted....
107,201,186 100,000
22,339,535
Rehabilitation Services Functional Budgets
Total Funds
State Funds
Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Diversified Industries of
Georgia District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total
3,859,180 680,089
7,796,577
17,137,188
12,598,968 22,278,407
962,248 34,448,934
495,367 1,414,072 5,120,256
409,900 107,201,186
1,348,005 547,225
1,547,498
4,293,891
606,252 0
0 7,453,796
286,724 725,988 5,120,256 409,900 22,339,535
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...................................................................................$ Grants to County DFACS -
Operations ....................................................................................$ Service Benefits for Children ........................................................$ Special Purpose Contracts.............................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
13,971,775 1,401,440
397,600 10,400 73,975
15,708,002 216,243 907,120
4,996,424 9,100
1,371,985 288,340,932
178,551,696 45,707,516 3,416,730 2,225,484 557,306,422 2,339,882 233,058,222
Family and Children Services Functional Budgets
Total Funds
State Funds
Refugee Programs AFDC Payments SSI - Supplemental Benefits Energy Benefits
1,328,582 274,888,192
100 12,978,058
0 101,585,261
100 0
414
JOURNAL OF THE HOUSE,
Grants to Counties for Social Services
County DFACS Operations Eligibility
County DFACS Operations Joint and Administration
Homemakers Projects 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 Outreach Special Projects Program Support Grants to Counties -
Employability Total
48,054,191
76,878,122
45,284,352 6,636,080 2,427,000 872,594 4,087,055 3,866,113 4,768,838
18,133,782 2,271,438
0 2,318,389 1,797,333 19,574,332 1,939,720
672,684 3,293,375 18,365,300
154,200 757,600 1,089,030 3,036,011
1,833,951 557,306,422
Budget Unit Object Classes: 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 .................................................................................$ Grants for Regional Intensive Infant Care..................................................................$ Grants for Regional Maternal and Infant Care..........................................................$ Children's Medical Services Benefits .........................................................................................$ Children's Medical Services Clinics............................................................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................$ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................$ Family Planning Benefits ..............................................................$
8,167,368
38,439,061
21,235,662 6,636,080
0 872,594 3,390,727 3,866,113 2,109,597
7,456,058 2,271,438 (5,718,173) 1,908,631 1,797,333 12,497,722 1,469,164
509,493 2,707,472 15,865,300
154,200 757,600 1,072,630 2,847,611
1,159,180 233,058,222
172,907,215 67,301,160 3,864,040
274,900 1,386,142 21,595,419 8,742,075 4,065,805 15,566,641 1,251,498 2,804,692
0
4,936,795
2,055,000
7,456,223
623,632 400,000 2,650,000
4,050,421 302,000
WEDNESDAY, FEBRUARY 1, 1989
415
Midwifery Program Benefits.........................................................$ Grant-In-Aid to Counties...............................................................$ Payments to DMA for Community Care.....................................$ Service Benefits for Children ........................................................$ Cash Benefits...................................................................................$ Case Services....................................................................................$ ESRP Case Services........................................................................$ Grants to County DFACS -
Operations ....................................................................................$ Institutional Repairs
and Maintenance .........................................................................$ Special Purpose Contracts.............................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
2,068,464 62,677,766 8,708,680 56,469,394 288,340,932 15,634,998
50,000
178,551,696
169,000 10,521,830 54,445,710 999,872,128 3,627,900 435,484,076
B. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and Institutions...............................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and
Maintenance.................................................................................$ Grants to County-Owned
Detention Centers .......................................................................$ Substance Abuse
Community Services ...................................................................$ Mental Retardation
Community Services ...................................................................$ Mental Health
Community Services ...................................................................$ Community Mental Health
Center Services ............................................................................$ Special Purpose Contracts.............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
453,085,144 359,417,009
32,593,868 993,160 942,327
3,553,780 4,106,810
783,859 2,869,126 6,012,577 13,996,804
21,200 748,468
2,323,882
2,222,640
30,461,421
84,542,508
11,605,116
44,029,315 1,356,660 2,140,048 496,000
605,216,578 2,404,100
453,085,144
Community Mental Health/Mental Retardation, Youth Services and Institutions Functional Budgets
Total Funds
State Funds
Southwestern State Hospital Georgia Retardation Center
36,192,034 30,441,744
24,253,161 15,188,754
416
JOURNAL OF THE HOUSE,
Georgia Mental Health Institute
Georgia Regional Hospital at Augusta
Northwest Regional Hospital at Rome
Georgia Regional Hospital at Atlanta
State Youth Development Centers
Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Regional Youth Development
Centers Court Services Community Treatment Centers Day Centers Group Homes Purchase of Services Runaway Investigations/Interstate
Compact Assessment and Classification Youth Services Program
Direction & Support Outdoor Therapeutic Program Mental Health Community
Assistance Mental Retardation
Community Assistance Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior
Companion Program Project Rescue
Drug Abuse Contracts Community Mental
Health Center Services
Project ARC
Metro Drug Abuse Centers Group Homes for
Autistic Children
Project Friendship
Community Mental
Retardation Staff Community Mental Retardation
Residential Services
Contract with Clayton County Board of Education for Autistic Children
25,693,790
20,460,238
26,047,107
28,533,220
24,157,977 119,805,443
23,584,681
44,017,798
20,538,230
17,590,349 10,593,216 2,517,774
930,659 660,496 3,338,447
696,025 402,184
2,255,722 2,340,454
8,689,176
4,015,160
64,855,251 11,288,718
591,869 404,348 1,147,297
44,029,315 371,144
1,670,580
273,604 316,398
3,262,748
15,038,198
74,630
23,016,580
17,351,153
20,313,883
22,763,704
23,474,317 79,703,880
21,071,532
24,390,256
15,930,948
17,253,349 10,593,216 2,517,774
930,659 660,496 3,238,447
696,025 402,184
2,210,722 2,188,174
8,605,367
2,637,051
37,297,251 10,525,795
577,623 241,348 1,147,297
36,256,016 371,144
1,420,580
273,604 316,398
3,262,748
15,038,198
74,630
WEDNESDAY, FEBRUARY 1, 1989
417
MH/MR/SA Program Direction & Support
Total
$
8,390,554
$ 605,216,578
6,890,880 453,085,144
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......................... 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..............................
17,834,012
6,855,334 1,611,369
349,445 68,500 73,995 125,025 607,140 252,860 439,425 230,000
5,401,184
2,745,000
80,000
25,000
50,000 35,000
53,000
25,000 0
19,027,277 17,834,012
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
6,470,943
4,705,281
7,851,053
$
19,027,277
5,628,943 4,522,281 7,682,788 17,834,012
Section 24. Office of Commissioner of Insurance.
Budget Unit: Office of Commissioner of Insurance ......................
Operations Budget: Personal Services...................................... Regular Operating Expenses.................. Travel......................................................... Motor Vehicle Purchases........................ Equipment Purchases..............................
10,070,182
9,159,657 546,750 309,000 47,500 50,670
418
JOURNAL OF THE HOUSE,
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
206,771 525,759 205,021 185,500 11,236,628 10,070,182
Office of Commissioner of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulation Total
$
1,898,340
$
4,023,256
$
565,685
$
4,749,347
$
11,236,628
$
1,898,340
$
3,917,271
$
565,685
$
3,688,886
$
10,070,182
Section 25. Department of Labor. Budget Unit: Department of Labor....................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts(JTPA) .........................................$ Per Diem, Fees and Contracts ......................................................$ Payments to State Treasury..........................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
6,028,241 54,976,779 6,163,100
830,000 11,000
455,000 5,645,000 1,259,300 1,355,900 60,580,000
381,500 400,000 1,000,000 133,057,579 6,028,241
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices Administrative Services Employment and Training
Programs Total
$
2,769,821
$
16,028,057
$ 114,259,701 $ 133,057,579
$
581,610
$
1,296,313
$
4,150,318
$
6,028,241
Section 26. Department of Law. Budget Unit: Department of Law.......................................................$ Attorney General's Office Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$
7,983,444
7,097,516 388,702 128,000 0 27,480 229,946 411,800 80,000 60,000 110,000
8,533,444
WEDNESDAY, FEBRUARY 1, 1989
State Funds Budgeted.
Section 27. Department of Medical Assistance.
Budget Unit: Medical Services............ Departmental Operations Budget:
Personal Services.............................. Regular Operating Expenses......... Travel ................................................. Motor Vehicle Purchases............... Equipment........................................ Computer Charges........................... Real Estate Rentals........................ Telecommunications........................ Per Diem, Fees and Contracts...... Medicaid Benefits........................... Audits Contracts.............................. Total Funds Budgeted.................... State Funds Budgeted.....................
Medical Assistance Functional Budgets
Total Funds
Commissioner's Offices Program Management Administration Systems Management Program Integrity Benefits Total
$
1,090,724
$
20,306,793
$
2,359,266
$
14,852,016
$
3,735,642
$ 1,282,112,787
$ 1,324,457,228
Section 28. Merit System of Personnel
Administration. Budget Unit: Merit System of Personnel
Administration ..................... Personal Services........................................... Regular Operating Expenses ....................... Travel.............................................................. Equipment...................................................... Computer Charges......................................... Real Estate Rentals...................................... Telecommunications..................................... Per Diem, Fees and Contracts.................... Health Insurance Claims Payments........... Total Funds Budgeted.................................. Agency Assessments...................................... Health Insurance Receipts........................... Deferred Compensation................................ State Funds Budgeted..................................
Merit System Functional Budgets
Total Funds
Applicant Services Classification and
Compensation Flexible Benefits Program
$
2,303,828
1,034,309 998,557
419 7,983,444
443,431,316
10,799,527 489,000 189,900 0 43,536
12,391,225 925,973 343,642
16,389,138 1,282,112,787
772,500 1,324,457,228
443,431,316
State Funds
$
429,961
$
2,656,459
$
323,502
$
4,148,779
$
1,597,294
$ 434,275,321
$ 443,431,316
26,203,865 6,784,777
955,400 71,000 73,790 2,586,808 754,119 84,826 33,620,920 394,787,556 439,719,196 8,531,661 404,928,670 55,000 26,203,865
State Funds
420
JOURNAL OF THE HOUSE,
Employee Training and Development
Health Insurance Administration
Health Insurance Claims Internal Administration Commissioner's Office Total
1,297,374
11,434,281 419,347,856
1,813,260 1,489,731 439,719,196
Section 29. Department of Natural
Resources. A. Budget Unit: Department of Natural
Resources..................................................................$ Operations Budget:
Personal Services.............................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ 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........................................................................$
0 26,203,865
0 0 26,203,865
71,593,882
51,320,711 10,237,355
500,450 1,488,794 1,636,715
616,120 1,706,138 1,286,814 1,441,968
900,000 530,000
300,000
125,000
1,978,900
350,000
211,500 1,189,000 1,642,380
1,600,000
206,000 50,000
485,000
766,665
20,000
347,831 125,000 724,620
10,000
WEDNESDAY, FEBRUARY 1, 1989
421
Contract - Corps of Engineers (Cold Water Creek St. Park)....
Advertising and Promotion........... Payment 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 Funds.................... State Funds Budgeted...................
149,405 150,000
1,404,556 275,000
7,050,000 7,000 13,000
500,000 91,345,922
53,750
315,000 200,000 71,593,882
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
7,809,754 25,347,228
31,488,488 25,093,695 1,606,757 91,345,922
7,441,004 21,918,985
19,190,525 21,515,611 1,527,757 71,593,882
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............................ Total Funds Budgeted............... State Funds Budgeted...............
0
1,670,051 567,200 54,400 69,000 449,655 4,000 10,200 60,650 119,400 0
3,004,556 0
Authorities Functional Budgets
Total Funds
State Funds
Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total
$
1,600,000
$
1,404,556
$
3,004,556
Section 30. Department of Public Safety. A. Budget Unit: Department of Public
Safety............................................. Operations Budget:
71,879,203
422
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.... Conviction Reports....................... State Patrol Posts Repairs and Maintenance................................... Capital Outlay............................... Driver License Processing............ Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted ..................
54,423,371 8,597,566
140,300 3,069,000
759,783 3,731,300
33,800 1,103,883
246,000 225,000
200,000
50,000 949,200 73,529,203 1,650,000 71,879,203
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations Total
$
16,733,585
$
13,880,712
$
42,914,906
$
73,529,203
15,233,585 13,880,712 42,764,906 71,879,203
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....................................................................$
13,264,335
6,163,941 2,262,872
133,500 136,170 151,795 356,563 91,853 153,900 1,178,700 2,675,977 100,000 13,405,271 12,974,196
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....................................................................$
397,276 29,100 13,000
0 0 40,000 63,625 8,000 23,800 3,500,000 4,074,801 290,139
WEDNESDAY, FEBRUARY 1, 1989
423
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
4,074,801
4,418,356 841,577
1,118,865
408,023
344,845
6,273,605 17,480,072
290,139
4,418,356 821,577
1,019,865
408,023
344,845
5,961,530 13,264,335
Section 31. Public School Employees'
Retirement System. Budget Unit: Public School Employees'
Retirement System.................................................$ 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 32. Public Service Commission. Budget Unit: Public Service
Commission..............................................................$ 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....................................................................$
7,339,828 5,870,419
394,861 220,100
57,900 53,364
341,800 278,825 113,300 1,250,000 8,580,569 7,339,828
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation Utilities Total
$
1,596,604
$
2,766,949
$
4,217,016
$
8,580,569
1,596,604 1,649,352 4,093,872 7,339,828
Section 33. 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.............................................................
669,340,400
712,544,198 100,000,000
194,901,534 116,000,000
424
JOURNAL OF THE HOUSE,
Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................$ Special Desegregation Programs...................................................! Research Consortium......................................................................$ Eminent Scholars Program............................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? Departmental Income........................................,............................$ Sponsored Income ...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
10,000,000
333,975 368,841
0 0 1,020,000 1,135,168,548 27,160,771 216,000,000 219,640,077 3,027,300 669,340,400
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 ...................................................................................$
SREBPayments..............................................................................$ Medical Scholarships ......................................................................$ Regents Opportunity Grants.........................................................$ Regents Scholarships......................................................................$
Rental Payments to Georgia Military College ...........................................................................$
CRT, Incorporated Contract at Georgia Tech................................................................................$
Total Funds Budgeted....................................................................$ Departmental Income .....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
140,125,408
182,973,433 56,589,452
80,767,375 25,816,168
267,521 1,693,360
1,251,877
2,655,750 2,381,730
158,000
680,924 12,215,450
729,262 600,000 200,000
739,618
206,000 369,925,920
3,198,920 82,415,620 143,630,272
555,700 140,125,408
Regents Central Office and Other Organized Activities Functional Budgets
Total Funds
State Funds
Marine Extension Service Skidaway Institute
of Oceanography
1,823,150 3,445,718
1,136,242 1,545,718
WEDNESDAY, FEBRUARY 1, 1989
425
Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Stations 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
1,217,689 96,148,375
5,718,590 48,307,462 45,928,134 133,121,511 2,833,608 2,299,285 5,545,918 1,743,722 2,181,920 19,610,838 369,925,920
$
896,990
$
11,612,620
$
1,807,928
$
32,300,675
$
31,201,434
$
31,204,296
$
2,833,608
$
466,285
$
5,545,918
$
0
$
57,270
$
19,516,424
$
140,125,408
C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Public Telecommunications Commission Budget:
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................$
6,168,939
5,135,068 5,247,823 10,382,891 4,213,952 6,168,939
Section 34. 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 FICA......................................................................................$
Grants to Counties/Appraisal Staff ...............................................................................................$
Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
67,751,948
42,662,263 3,869,758 1,467,725 156,600 604,445 8,287,721 2,621,859 609,037 215,000
1,769,340
1,430,000 5,230,750 2,672,450 71,596,948 3,845,000 67,751,948
Department of Revenue Functional Budgets
Total Funds
State Funds
426
JOURNAL OF THE HOUSE,
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
$
4,290,016
$
9,370,301
$
4,991,947
$
13,999,788
$
7,723,662
$
16,681,034
$
6,037,853
$
4,174,472
$
4,327,875
$
71,596,948
$
4,290,016
$
9,170,301
$
4,773,947
$
13,699,788
$
6,766,662
$
15,049,034
$
6,037,853
$
4,093,472
$
3,870,875
$
67,751,948
Section 35. Secretary of State.
A. Budget Unit: Secretary of State......................................................$
Personal Services.................................. ...........................................$
Regular Operating Expenses ..............
Travel.....................................................
Motor
Vehicle
Purchases
.................... <ft ........................................... ^>
Equipment.............................................
Computer Charges................................ ...........................................$
Real Estate Rentals... ......................... ...... ........................... ..........$<ft
Telecommunications............................
Per Diem, Fees and Contracts........... ...........................................$
Election Expenses ................................
Total Funds Budgeted......................... ...........................................$
State Funds Budgeted......................... ...........................................$
20,717,464 13,424,337 2,381,489
229,000 134,000 80,520 603,675 2 ,117/1I,iQ7*o}yQ 267,642 674,862 750,000 20,717,464 20,717,464
Secretary of State Functional Budgets
Total Funds
State Funds
Administration Archives and Records Business Services and Regulations Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Total
$
2,929,039
$
4,618,544
$
3,726,389
$
1,432,365
$
875,519
$
178,828
$
6,956,780
$
20,717,464
$
2,929,039
$
4,618,544
$
3,726,389
$
1,432,365
$
875,519
$
178,828
$
6,956,780
$
20,717,464
Occupational Certification Functional Budgets
Board Costs
Operations
S.B. of Accounting S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers S.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians
$
57,500
$
247,950
$
79,725
$
190,876
$
85C
$
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
WEDNESDAY, FEBRUARY 1, 1989
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
$
S.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 Board 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:
64,700
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
427
300,000
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 1,465,035
428
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 ......................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$
Section 36. 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....................................................................$
Section 37. 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 ....................................................................$ Total Funds Budgeted....................................................................? Other Funds Budgeted...................................................................? State Funds Budgeted....................................................................?
Section 38. State Board of Technical and Adult Education - Department of Technical and Adult Education
Budget Unit: Department of Technical and Adult Education.................................................................?
826,001 138,070 12,000 17,000 10,510 286,354 57,300 16,800 101,000 1,465,035 1,465,035
1,610,570
755,420 134,236 49,000
0 12,400 7,750 44,276 15,360 125,732 466,396 1,610,570 1,610,570
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 7,730,174 4,405,174 3,325,000
108,378,049
WEDNESDAY, FEBRUARY 1, 1989
429
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...................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................$ Regents Program.............................................................................$ Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$
3,271,872 302,568 105,000 0 25,100 119,684 376,180 67,991
1,471,018 16,000
62,908,040 9,552,749 4,945,908 31,486,349 2,621,863
5,653,680 122,924,002 108,378,049
Institutions Functional Budgets
Total Funds
State Funds
Administration Institutional Programs Total
$
5,755,413
$117,168,589
$ 122,924,002
$
3,823,322
$104,554,727
$
108,378,049
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 ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay .................................................................................$ Grants to Counties..........................................................................? Grants to Municipalities ................................................................$ Capital Outlay - Airport
Development................................................................................? Capital Outlay - Airport Approach
Aid and Operational Improvement................................................................................? Mass Transit Grants.......................................................................? Savannah Harbor Maintenance Payments......................................................................................?
Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................?
G.O. Debt Sinking Fund................................................................? Total Funds Budgeted....................................................................?
473,844,981
202,027,382 50,327,324
1,726,750 1,008,600 4,361,648 2,048,045 1,292,155 1,914,586 8,345,601 460,201,518 9,317,013 9,317,000
1,270,000
1,285,000 10,617,972
1,240,000
1,575,000 31,000,000 798,875,594
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State Funds Budgeted....................................................................$
473,844,981
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
513,967,980 210,315,522
5,980,771 9,317,013 18,961,039 758,542,325
221,388,676 198,120.826
5,305,771 9,317,013 18,631,039 452,763,325
General Funds Budget
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 1,534,044
15,637,225 2,815,000 10,280,000 40,333,269
317,000
750,000 1,034,044
5,885,612 2,815,000 10,280,000 21,081,656
Section 40. Department of Veterans Service. Budget Unit: Department of Veterans
Service................................................... Personal Services.......................................................... Regular Operating Expenses...................................... Travel............................................................................. Motor Vehicle Purchases............................................ 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.................................................
17,285,602 4,376,930
105,096 89,000
0 90,300 4,142 218,397 58,500 45,400
0
10,387,943
5,396,062
118,000 20,889,770 17,285,602
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and
Nursing Facility at Milledgeville Veterans Nursing Home - Augusta Total
$
4,912,765
10,501,943
5,475,062 20,889,770
4,682,128
8,378,912 4,224,562 17,285,602
Section 41. Workers' Compensation Board.
WEDNESDAY, FEBRUARY 1, 1989
431
Budget Unit: Workers' Compensation Board ........................................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ................................................................I; Equipment........................................................................................$ Computer Charges..................................................,........................$ Real Estate Rentals .........................................................,..............$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
7,481,358 5,907,878
258,241 62,000
0 43,142 418,357 593,985 95,700 152,055 7,531,358 7,481,358
Section 42. State of Georgia General
Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia
General Obligation Debt Sinking Fund (Issued)............................................$ B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)...............................................$
270,003,143 19,923,100
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 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, Institute of Continuing Judi cial Education. The appropriations in Section 6 (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 47. Provisions Relative to Section 7, Judicial Council. The appropriations in Section 7 (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
432
JOURNAL OF THE HOUSE,
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 48. Provisions Relative to Section 9, Juvenile Courts. The appropriations in Section 9 (Juvenile Courts) are for the costs of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 49. Provisions Relative to Section 10, Department of Administra tive Services. The Department of Administrative 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 Correc tions. 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 Education - Department 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 set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event 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 grade 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 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 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 onehalf percent cost of living increases on July 1, 1988, and January 1, 1989.
WEDNESDAY, FEBRUARY 1, 1989
433
The System is further authorized to increase the employer contribution rate by twenty-two one-hundredths of one percent 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
$ 208 315 376 444 508 851 596 633 666 713 763
Maximum Monthly Amount $ 149 226 270 319 364 395 428 454 478 512 547
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 ten and one-half percent (10.50%).
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 and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided 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 30, Department of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.
Section 57. Provisions Relative to Section 33, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class
434
JOURNAL OF THE HOUSE,
surpluses to Capital Outlay and Equipment without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
Section 58. Provisions Relative to Section 34, Department of Revenue. From the appropriation in Section 34 (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 38, Department of Technical and Adult Education. None of the State funds appropriated in Section 38 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the Department of Technical and Adult Education.
Section 60. Provisions Relative to Section 39, Department of Trans portation. 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 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 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 sep rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III. Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 61. In addition to all other appropriations for the State fiscal year ending June 30, 1989, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; 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 amount 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
WEDNESDAY, FEBRUARY 1, 1989
435
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 matter.
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 effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 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. 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 provisions, 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
436
JOURNAL OF THE HOUSE,
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 the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Equipment, 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 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. 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 Services 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 72. 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
WEDNESDAY, FEBRUARY 1, 1989
437
employees of the Executive Branch of State government, a 2.5% increase, effective July 1, 1988; 2.) For certified personnel and employees of the Department of Technical and Adult 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-ofliving increase for employees, effective July 1, 1988.
In addition, $596,635 is appropriated for upgrading selected classification 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 73. Provisions Relative to Section 42, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 42, for "State of Georgia General Obligation Debt Sinking Fund (New)", the maximum maturities, user agencies and user authorities, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,800,000 is specifically appropriated for the purpose of financing for the Department of Administrative Services the purchase of two mainframe computers for the State's consolidated computer center through the issuance of not more that $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,523,600 is specifically appropriated for the purpose of financing for the Department of Technical and Adult Education the purchase of equipment and furnishings for newly constructed buildings at North Metro, Altamaha, Moultrie, and Swainsboro Technical Institutes through the issuance of not more than $10,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $199,200 is specifically appropriated for the purpose of financing for the Department of Human Resources the purchase of equipment for the new laundry facility at Gracewood State School and Hospital through the issuance of not more than $830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $6,746,300 is specifically appropriated for the purpose of financing unfunded capital outlay for local school systems by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $61,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,070,000 is specifically appropriated for the purpose of financing construction of an ambulatory care/specialized care center at the Medical College of Georgia for the Regents, University System of Georgia by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $37,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
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JOURNAL OF THE HOUSE,
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $660,000 is specifically appropriated for the purpose of financing the second year of a state commitment to construct a facility for the Institute of Paper Chemistry at Georgia Tech by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $275,000 is specifically appropriated for the purpose of financing renovation of the Agriculture building of the Georgia Building Authority by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $220,000 is specifically appropriated for the purpose of financing rock removal related to construction at Buford Correctional Institution for the Department of Corrections by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $198,000 is specifically appropriated for the purpose of financing construction of Hancock County Correctional Institution for the Department of Corrections by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $1,800,000 in principal amount of general Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $121,000 is specifically appropriated for the purpose of financing for the Department of Corrections the purchase of a facility to become the new Atlanta Advancement Center through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $110,000 is specifically appropriated for the purpose of financing renovation of the Court of Appeals and Department of Law space in the Judicial Building of the Georgia Building Authority by means of acquisition, construction, development, extension, enlargement and improvement of land property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 74. State Health Benefit Plan. In addition to all other appropriations for the State Fiscal Year ending June 30, 1989, there is hereby appropriated for the Health Benefit Plan, as recommended by the Governor, $13,500,000 for the School Service Personnel Health Benefit Program, $3,500,000 for the Teachers' Health Benefit Program and $2,350,000 to be appropriated to the following law enforcement related agencies in order to prevent hiring freezes in vital programs which would be caused by the increase in the employer contribution rate to the State Health Benefit Plan:
Department of Corrections
$ 1,372,000
WEDNESDAY, FEBRUARY 1, 1989
439
Department of Public Safety Georgia Bureau of Investigation Department of Revenue
$
500,000
$
278,000
$
200,000
Section 75. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989.................................................................................$ 6,403,025,249
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."
The following Committee substitute was read:
A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1988, and ending June 30, 1989; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal confliction 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...........................................................................$ Photography.....................................................................................? Expense Reimbursement Account................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$
20,923,966 9,566,914
3,309,287 2,535,972
116,800 6,000 0
365,000 415,500 63,700 624,000
383,732
2,315,261 68,000
1,132,800 21,000
20,923,966 20,923,966
440
JOURNAL OF THE HOUSE,
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
$
1,895,793
$
786,990
$
1,132,998
$
5,874,624
2,058,843 1,895,793
786,990 1,132,998 5,874,624
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
WEDNESDAY, FEBRUARY 1, 1989
441
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 for 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...............................................
12,596,408
10,381,288 364,220 813,972 172,500 24,900 50,888 336,140 396,800 55,700
12,596,408 12,596,408
PART II. JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court..........................................
3,900,608
Section 4. Court of Appeals. Budget Unit: Court of Appeals ......................................
4,504,874
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.................................................
37,139,954 35,415,299
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
124,862
Section 8. Judicial Council. Budget Unit: Judicial Council........................................
Council Operations..................................................... Payments to Judicial
Administrative Districts for Case Counting......................................................... Board of Court Reporters.........................................
1,509,673 665,088
71,000 28,575
442
JOURNAL OF THE HOUSE,
Payment to Council of Magistrate Court Judges ................................................................................$
Payment to Council of Probate Court Judges................................................................................$
Payment to Council of State Court Judges................................................................................?
Payment to Resource Center.........................................................$ Payment to Computerized
Information Network ..................................................................$
26,000
20,000
10,000 150,000
539,010
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................$
109,310
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....................................................................$
39,652,220
42,591,314 9,716,359 335,449 431,657 4,215,479 8,833,624 3,288,851 897,578 633,762 15,966,243 42,635
1,957,232
0
0 34,165,279 11,650,000
608,800
50,000
30,000
0 2,600,000 4,200,000 142,214,262 39,652,220
Department of Administrative Services Functional Budgets
Total Funds
State Funds
State Properties Commission
377,280
377,280
WEDNESDAY, FEBRUARY 1, 1989
443
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
2,314,218
16,880,785
12,128,279 2,734,176
657,217
521,873 50,545,599 3,844,853 42,710,204 5,574,379
1,564,315 683,247
1,677,837 142,214,262
2,285,287
14,828,637
0 2,734,176
0
521,873 12,924,967
0 5,850,000
130,000 0 0 0
39,652,220
B. Budget Unit: Georgia Building Authority. .................................................................$
Georgia Building 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 .................................................................................$ Utilities .............................................................................................$ Contractual Expenses. ....................................................................$
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
$
1,922,900
0
Custodial
$
4,737,600
0
Maintenance
$
4,880,800
0
Security
$
4,642,800
0
Van Pool
$
199,100
0
Sales
$
4,343,500
0
Administration
$
10,961,100
0
Railroad Excursions
$
597,900
0
Facility Renovations
$
0
0
Total
$
32,285,700
0
C. Budget Unit: Agency for the Removal of Hazardous Materials ..........
Operations Budget: Personal Services..........................................
250,000 4,500,000
444
JOURNAL OF THE HOUSE,
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....................................................................$
3,996,000
1,500,000 175,000 700,000 0
0 20,000
800,000 0 0
11,691,000 250,000
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 and Minor Markets.....................................................................? Capital Outlay .................................................................................$ Contract - Federation of Southern Cooperatives................................................................? Tick Control Program ....................................................................? Poultry Indemnities........................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
32,448,217
28,055,956 3,355,998
877,000 513,604 396,114 317,928 850,963 390,374 330,754 600,000
2,124,650
1,662,832 547,000 91,000 75,000 205,000
526,600
75,000 0
60,000 50,000 100,000 41,205,773 32,448,217
Department of Agriculture Functional Budgets
Total Funds
State Funds
Plant Industry Animal Industry Marketing
4,304,536 6,374,502 1,766,211
3,839,911 6,002,778
1,721,957
WEDNESDAY, FEBRUARY 1, 1989
General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides
Total
3,628,428 4,312,030 1,405,150 3,012,727
5,925,309 4,107,818 4,006,733
364,797 1,922,532 41,205,773
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....................................................................$
Section 13. Department of Community Affairs. Budget Unit: Department of
Community Affairs .................................................$
State Operations Budget: Personal Services.............................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$
445
3,628,428 4,234,030 1,405,150 3,004,727
4,567,704 1,611,752
534,248 0
1,822,532 32,448,217
489,000 143,305
7,250 0
28,466 0 0
9,000 75,731 246,000 98,280 1,097,032
0
5,733,574
4,794,975 220,511 321,198 0 24,305 122,402 184,272 63,911 2,000
5,733,574
5,733,574
8,287,056
4,803,291 243,346 177,884 8,200 24,009 45,615 398,192 62,998
446
JOURNAL OF THE HOUSE,
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.........................
123,132 327,919
1,400,000 225,000
99,800
30,000,000
0 0 650,000
600,000
422,990 39,612,376 8,287,056
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Office of Rural Development Total
4,001,459 1,394,920
32,856,144 1,086,214 273,639
39,612,376
3,978,959 1,209,614
1,904,676 920,168 273,639
8,287,056
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............................................................................................$
Grants for Local Jails.....................................................................$ Central Repair Fund.......................................................................$
Payments to Central State Hospital for Meals.......................................................................$
Payments to Central State Hospital for Utilities...................................................................$
306,150,275 222,451,418 24,585,025
1,330,530 1,432,000 4,867,492
869,450 2,920,461 2,264,367 1,687,805
730,000 8,479,215
300,000 11,110,000 8,500,000
1,250,000 20,000 600,000
3,199,945
1,429,703
WEDNESDAY, FEBRUARY 1, 1989
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.................
Departmental Functional Budgets
Total Funds
Administration Institutions and Support Probation Total
$
37,769,661
$ 222,462,676
$
53,459,147
$ 313,691,484
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..............................
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................ Grants to Locals - Emergency
Management Assistance....................... Grants - Others.......................................... Georgia Military Institute
Grant....................................................... Civil Air Patrol Contract.........................
447
315,196 1,100,000 12,969,341
48,946
289,190 741,400 200,000 313,691,484 450,000
0 306,150,275
State Funds
$
37,209,661
$ 221,220,879
$
47,719,735
$ 306,150,275
19,708,192
16,245,802 478,284 432,902 124,500 139,348 126,706
1,115,131 395,169 100,350 550,000
19,708,192 19,708,192
4,842,042
7,423,010 3,720,608
66,382 27,200 50,725 13,830 7,800 111,596 183,500
1,050,000 44,100
18,000 42,000
448
JOURNAL OF THE HOUSE,
Capital Outlay................... Grants to Armories........... Repairs and Renovations. Total Funds Budgeted...... State Funds Budgeted......
0 63,160 325,125 13,147,036 4,842,042
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
$
2,343,000
$
1,959,677
$
3,336,041
$
5,508,308
$
13,147,036
1,220,750
903,813 462,047 2,255,432 4,842,042
Section 16. State Board of Education Department of Education.
Budget Unit: Department of Education...........................
Operations: 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............................................... Mid-Term Adjustment................................... Local Fair Share..............................................
Other Categorical Grants: Equalization Formula..................................... Sparsity Grants................................................ In School Suspension...................................... Special Instructional Assistance................... Middle School Incentive................................
2,383,039,111
39,101,937 4,698,871 1,700,044
96,590 546,391 9,276,774 2,278,485 723,781 17,393,447 851,720 210,000
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 14,645,867 83,370,542 446,973,429 106,375,602
992,440 41,942,194 (430,108,768)
114,111,755 1,500,000 0 1,000,000
13,298,790
WEDNESDAY, FEBRUARY 1, 1989
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......................... Removal of Architectural Barriers ......................................... Tuition for the Multi-Handicapped..................... Severely Emotionally Disturbed... School Lunch (Federal).................. School Lunch (State)...................... Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification...................... Regional Educational Service Agencies.......................... Georgia Learning Resources System........................................... High School Program..................... Special Education in State Institutions......................... Governor's Scholarships................. Special Projects............................... Job Training Partnership Act....... Vocational Research and Curriculum.................................... Salaries and Travel of Public Librarians......................... Public Library Materials................ Talking Book Centers..................... Public Library M & 0.................... Grants to Local School Systems for Educational Purposes ........... Child Care Lunch Program (Federal)....................... Chapter II - Block Grant Flow Through............................... Payment of Federal Funds to Postsecondary Vocational Education...................................... Innovative Programs....................... Technology Grants.......................... Limited English - Speaking Students Program....................... Drug Free School (Federal)........... Transition Program for Refugee... Emergency Immigrant Education Program ........................................ Robert C. Byrd Scholarship (Federal) ....................................... Total Funds Budgeted....................
449
100,000
86,908,735
1,950,000
29,455,844
888,439
2,102,000 31,942,336 127,921,445 22,666,600
5,895,946
6,137,565
2,991,722 17,905,323
2,830,345 1,269,600
22,000 3,084,680
366,540
9,061,589 4,498,850
767,632 3,638,259
78,000,000
16,728,325
8,702,655
14,218,609 670,500 850,000
1,250,000 3,541,023
110,450
61,547
152,500 2,708,853,951
450
JOURNAL OF THE HOUSE,
Indirect DOAS Services Funding . State Funds Budgeted....................
340,000 2,383,039,111
Education Functional Budgets
Total Funds
State Funds
State Administration Instructional Services Governor's Honor Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Ga. School for the Deaf Atlanta Area School
for the Deaf Total
$
4,047,732
$
16,209,683
$
1,040,401
$
20,055,464
$
15,004,967
$
4,111,796
$
258,975
$
540,693
$ 2,631,975,911
$
4,202,888
$
6,601,224
$
4,804,208
$ 2,708,853,951
$
3,578,218
$
8,968,243
$
978,945
$
14,502,123
$
14,374,372
$
2,657,601
$
258,975
$
540,693
$ 2,322,347,356
$
3,994,540
$
6,399,680
$
4,438,365
$ 2,383,039,111
Section 17. Employees' Retirement System.
Budget Unit: Employees' Retirement System ..................................................................$
Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
0
918,040 107,560
7,500 0
5,400 280,000 121,500 27,000 657,700
0 0 2,124,700 0
Section 18. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Contractual Research......................................................................$
32,179,758
26,727,598 6,712,830
157,298 1,259,133 2,335,896
115,305 39,694 871,599 490,347 250,000
WEDNESDAY, FEBRUARY 1, 1989
451
Payments to the University of Georgia, School of Forestry for Forest Research.....................................................................$
Ware County Grant for Southern Forest World ................................................................................$
Ware County Grant for Road Maintenance.......... .......................................................................$
Wood Energy Program...................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
300,000
30,000
60,000 28,000 268,800 39,646,403 32,179,758
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services Wood Energy General Administration
and Support Total
$
5,118,743
$
31,786,519
$
28,000
$
2,713,141
$
39,646,403
$
585,291
$
28,860,326
$
28,000
$
2,706,141
$
32,179,758
Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation............................................................! Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? Total State Funds Budgeted.........................................................?
31,241,237
22,789,687 2,268,866
600,075 466,800 546,894 584,085 1,779,565 1,683,765 42,500 479,000
0 31,241,237 31,241,237
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration Drug Enforcement Investigative Georgia Crime
Information Center Total
$
3,010,351
$
6,179,823
$
10,114,066
$
6,029,284
$
25,333,524
$
3,010,351
$
6,179,823
$
10,114,066
$
6,029,284
$
25,333,524
Forensic Sciences Functional Budget Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment Purchases.....................................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$
4,763,520 537,260 39,000 44,000 271,940 111,993 117,000
452
JOURNAL OF THE HOUSE,
Per Diem, Fees and Contracts.............. Total Funds Budgeted............................ Total State Funds Budgeted.................
Section 20. 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............ Humanities Grant - State Funds........... Art Acquisitions - State Funds............. Children's Trust Fund Grants .............. Children and Youth Grants................... Payments to Hazardous Waste
Management Authority...................... Total Funds Budgeted............................ State Funds Budgeted............................
23,000 5,907,713 5,907,713
20,197,193 8,805,813
451,250 188,300
0 61,734 148,400 643,014 211,480 48,734,896 2,790,542 40,000 2,500,000 158,000 2,750,000 345,006 50,000 40,000 662,461 100,000
1,500,000 69,830,896 20,197,193
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 Vocational Education
Advisory Council Office of Consumers'
Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth
Growth Strategies Commission Human Relations Commission
Total
5,488,542
807,449
5,447,197 3,786,261 1,994,660 47,757,592
288,447
651,987
656,436
1,409,005
1,153,325 277,625 112,370
69,830,896
5,488,542
739,236
5,307,197 3,248,016 1,994,660
341,127
133,447
651,987
410,656
339,005
1,153,325 277,625 112,370
20,197,193
Section 21. Department of Human Resources.
WEDNESDAY, FEBRUARY 1, 1989
453
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....................................................................?
434,900,635
51,845,001 2,607,562 1,426,054
0 406,777 3,465,166 5,048,438 1,065,557 2,454,844 299,074 996,856
0
4,000
8,108,680 10,761,878
236,000 35,342,499 124,068,386
638,300 56,112,268
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
1,376,601 1,433,256
310,462 1,676,691
0 4,938,930
529,285
509,212 1,650,435 5,161,837 2,045,111
516,000
10,761,878 479,385
9,341,668
709,060 2,413,625
805,153
3,414,749
934,001 1,274,924
310,462 1,632,736 (5,090,942) 3,444,691
529,285
509,212 1,650,435 4,961,837 2,045,111
516,000
10,245,359 142,505
685,175 2,403,625
578,992
964,243
454
JOURNAL OF THE HOUSE,
Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Child Support Services Aging Services State Health Planning
and Development Agency Total
402,997 802,603 5,521,776 21,156,778 9,493,933 37,305,223
1,311,738 124,068,386
402,997 599,959 273,214 2,754,503 9,281,333 13,805,873
1,256,738 56,112,268
2. Public Health Budget: Personal Services.............................................................................$ 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..........................................................$ 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..............................................................! Grants-In-Aid to Counties.............................................................! Purchase of Service Contracts ......................................................$ Special Purpose Contracts.............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!
45,075,805 53,770,037 1,238,723
0 471,476 822,731 800,445 690,827 3,589,183
0 100,551 623,632
4,936,795
2,055,000 2,068,464 7,456,223
400,000 2,650,000
4,050,421 302,000
62,677,766 10,706,055 6,360,000 210,846,134
549,718 123,404,051
Public Health Functional Budgets
Total Funds
State Funds
Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases
777,061 339,799 1,282,294 1,752,930 692,918 753,832
1,860,754 1,788,060
562,672
1,528,042
!
579,836
$
299,799
!
1,197,294
!
1,617,001
!
470,100
$
691,744
!
1,444,504
!
775,017
!
0
!
306,002
WEDNESDAY, FEBRUARY 1, 1989
455
Community Tuberculosis Center
Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grants in Aid to Counties Community Health Management Community Care Aids Total
1,399,897 11,102,501 9,392,795 2,293,070 10,495,104 54,959,983 1,690,894 11,899,431 1,385,564
664,206 3,650,992
846,992 5,023,959 2,850,196
10,172,179 869,524
3,055,547
6,594,224 53,595,372
460,207 4,006,721 3,098,414 210,846,134
1,399,897 5,368,629 9,201,585
847,137 5,741,660
0 1,480,719 9,687,488 1,385,564
664,206 3,595,345
461,663 4,903,959 1,789,696
10,042,504 686,574
2,604,595
6,594,224 46,715,239
359,633 1,427,296 1,065,141 123,404,051
3. Rehabilitation Services 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 ............................. 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 Funding.............. State Funds Budgeted.................
62,014,634 9,522,121
837,963 264,500 397,614 1,673,520 2,676,949 1,402,301 4,452,190 943,324
0
335,300
165,000 15,634,998
50,000 509,100 6,321,672 107,201,186 100,000 22,226,770
Rehabilitation Services Functional Budgets
Total Funds
State Funds
Program Direction and Support
Grants Management
3,859,180 680,089
1,348,005 547,225
456
JOURNAL OF THE HOUSE,
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
7,796,577
17,137,188
12,598,968 22,278,407
962,248 34,448,934
495,367 1,414,072 5,120,256
409,900 107,201,186
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................................... 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
1,328,582 276,106,059
100 12,978,058
48,054,191
76,878,122
45,284,352
6,636,080 2,427,000
872,594 4,087,055 3,866,113
1,547,498
4,181,126
606,252 0 0
7,453,796 286,724 725,988
5,120,256 409,900
22,226,770
13,971,775 1,401,440
397,600 10,400 73,975 14,951,509 216,243 907,120 4,996,424 9,100 1,371,985 289,558,799
178,551,696 45,707,516 3,416,730 2,225,484 557,767,796 2,339,882 233,157,546
State Funds
$
0
$ 102,035,261
$
100
$
0
$
8,167,368
$
38,439,061
$
21,235,662
$
6,636,080
$
0
$
872,594
$
3,390,727
$
3,866,113
WEDNESDAY, FEBRUARY 1, 1989
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
4,768,838
17,377,289 2,271,438
0 2,318,389 1,797,333 19,574,332 1,939,720
672,684 3,293,375 18,365,300
154,200 757,600 1,089,030 3,036,011
1,833,951 557,767,796
Budget Unit Object Classes: 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 .................................................................................$ 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 ......................................................$
457
2,109,597
7,105,382 2,271,438 (5,718,173) 1,908,631 1,797,333 12,497,722 1,469,164
509,493 2,707,472 15,865,300
154,200 757,600 1,072,630 2,847,611
1,159,180 233,157,546
172,907,215 67,301,160 3,900,340
274,900 1,349,842 20,912,926 8,742,075 4,065,805 15,492,641 1,251,498 2,804,692
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 62,677,766 8,108,680 56,469,394 15,634,998
50,000 289,558,799
178,551,696
169,000 10,521,830 54,595,710
458
JOURNAL OF THE HOUSE,
B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...................................
Departmental Operations: Personal Services................................................. Regular Operating Expenses............................. Travel.................................................................... Motor Vehicle Purchases................................... Equipment............................................................ Computer Charges............................................... Real Estate Rentals............................................ Telecommunications........................................... Per Diem, Fees and Contracts.......................... Utilities................................................................. Capital Outlay..................................................... Authority Lease Rentals.................................... Institutional Repairs and Maintenance..................................................... Grants to County-Owned Detention Centers........................................... Substance Abuse Community Services....................................... Mental Retardation Community Services....................................... Mental Health Community Services....................................... Community Mental Health Center Services ................................................ Special Purpose Contracts................................. Service Benefits for Children............................ Purchase of Service Contracts .......................... Total Funds Budgeted........................................ Indirect DOAS Services Funding ..................... State Funds Budgeted........................................
452,578,821
358,918,009 32,589,760
993,160 942,327 3,553,780 4,103,595 783,859 2,869,126 6,012,577 13,996,804 21,200 748,468
2,323,882
2,222,640
30,461,421
84,542,508
11,605,116
44,029,315 1,356,660 2,140,048 496,000
604,710,255 2,404,100
452,578,821
Community Mental Health/Mental Retardation, Youth Services and Institutions 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
36,192,034 30,441,744
25,693,790 20,460,238
26,047,107 28,533,220 119,805,443 23,584,681 44,017,798 20,538,230
24,253,161 15,188,754 23,016,580 17,351,153
20,313,883 22,763,704 79,703,880 21,071,532 24,390,256 15,930,948
WEDNESDAY, FEBRUARY 1, 1989
Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Admininistration 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
2,340,454
8,689,176
4,015,160
64,855,251 11,288,718
591,869 404,348 1,147,297
44,029,315 371,144
1,670,580
273,604 316,398
3,262,748
15,038,198
74,630 8,390,554
17,590,349 9,838,567 6,642,708 3,677,087 3,496,507 10,593,216 2,517,774
930,659 660,496 3,338,447
692,810
402,184
2,255,722 604,710,255
Section 22. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade.................................................. State Operations Budget:
Personal Services............................................................... Regular Operating Expenses........................................... Travel.................................................................................. Motor Vehicle Purchases................................................. Equipment.......................................................................... Computer Charges............................................................. Real Estate Rentals..........................................................
459
2,188,174
8,605,367
2,637,051
37,297,251 10,525,795
577,623 241,348 1,147,297
36,256,016 371,144
1,420,580
273,604 316,398
3,262,748
15,038,198
74,630 6,890,880
17,253,349 9,453,156 6,571,973 3,560,973 3,385,107 10,593,216 2,517,774
930,659 660,496 3,238,447
692,810
402,184
2,210,722 452,578,821
17,834,012
6,855,334 1,611,369
349,445 68,500 73,995 125,025 607,140
460
JOURNAL OF THE HOUSE,
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....................
252,860 439,425 230,000
5,401,184
2,745,000
80,000
25,000
50,000 35,000
53,000
25,000 0
19,027,277 17,834,012
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
$
6,470,943
$
4,705,281
$
7,851,053
$
19,027,277
5,628,943 4,522,281 7,682,788 17,834,012
Section 23. Department of Insurance. Budget Unit: Department of Insurance. 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..................................
10,070,182
9,159,657 546,750 309,000 47,500 50,670 206,771 525,759 205,021 185,500
11,236,628 10,070,182
Department of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulation Total
1,898,340 4,023,256
565,685
4,749,347 11,236,628
1,898,340 3,917,271
565,685
3,688,886 10,070,182
WEDNESDAY, FEBRUARY 1, 1989
461
Section 24. Department of Labor. Budget Unit: Department of Labor.,..................................................$ State Operations:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ 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....................................................................$
6,028,241
54,976,779 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
1,000,000 133,057,579
6,028,241
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices Administrative Services Employment and Training
Services Total
2,769,821 16,028,057
114,259,701 133,057,579
581,610 1,296,313
4,150,318 6,028,241
Section 25. Department of Law.
Budget Unit: Department of Law.......................................................$ Attorney General's Office Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
7,983,444
7,097,516 388,702 128,000 0 27,480 229,946 411,800 80,000 60,000 110,000
8,533,444 7,983,444
Section 26. Department of Medical Assistance. Budget Unit: Medicaid Services..........................................................? Departmental Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Medicaid Benefits, Penalties
439,525,729
10,799,527 489,000 189,900 0 43,536
12,391,225 925,973 343,642
16,389,138
462
JOURNAL OF THE HOUSE,
and Disallowances .......................................................................$ Payments to Counties for
Mental Health..............................................................................$ Audits Contracts..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
1,246,449,010
25,170,529 772,500
1,313,963,980 439,525,729
Medical Assistance Functional Budgets
Total Funds
State Funds
Commissioner's Offices Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total
$
1,090,724
$
20,306,793
$
14,852,016
$
2,359,266
$
3,735,642
$ 1,271,619,539 $ 1,313,963,980
$
429,961
$
2,656,459
$
4,148,779
$
323,502
$
1,597,294
$ 430,369,734 $ 439,525,729
Section 27. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Departmental Operations Budget Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................$ Agency Assessments........................................................................$
43,203,865
6,784,777 955,400 71,000 73,790
2,586,808 754,119 84,826
33,620,920 411,787,556 456,719,196
8,531,661
Employee and Employer Contributions..............................................................................^
404,928,670
Deferred Compensation..................................................................$ State Funds......................................................................................$
55,000 43,203,865
Merit System Functional Budgets
Total Funds
State Funds
Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total
$
2,303,828
$
1,034,309
$
998,557
$
1,297,374
$
11,434,281
$ 436,347,856
$
1,813,260
$
1,489,731
$ 456,719,196
$
0
$
0
$
0
$
0
$
0
$
43,203,865
$
0
$
0
$
43,203,865
Section 28. Department of Natural Resources.
WEDNESDAY, FEBRUARY 1, 1989
A. Budget Unit: Department of Natural Resources........................
Operations Budget: Personal Services................................... Regular Operating Expenses............... Travel ...................................................... Motor Vehicle Purchases..................... Equipment.............................................. Computer Charges................................. Real Estate Rentals.............................. Telecommunications............................. Per Diem, Fees and Contracts............ 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 St. 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...................................... National Parks Service Grants............
463
71,563,882
52,031,707 10,310,215
505,350 1,493,994 1,742,335
626,120 1,706,138 1,294,574 1,463,268
900,000 500,000
300.000
125,000
1,978,900
350,000 211,500 1,189,000 1,642,380
1,600,000
206,000 50,000
766,665
59,892
347,831 125,000 3,913,696
10,000
149,405 150,000
1,404,556 275,000
7,050,000 7,000 13,000
500,000 150,000
464
JOURNAL OF THE HOUSE,
Capital Outlaey Waterfowl Habitat..................
Waterfowl Conservation Fund.. Total Funds Budgeted................ Receipts from Jekyll Island
State Park Authority.............. Receipts from Stone Mountain
Memorial Association ............. Indirect DOAS Funding............. State Funds Budgeted................
200,000 135,000 95,968,526
53,750
315,000
200,000
71,563,882
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
7,836,755 26,494,449
32,154,559 25,063,695 4,419,068 95,968,526
7,441,004
$
21,918,985
19,190,525 21,485,611
1,527,757 71,563,882
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............................ Total Funds Budgeted............... State Funds Budgeted...............
0
3,320,151 1,944,100
22,400 99.000 321,355 25,000 10,200 119,050 144,700 1,918,600 7,924,556
0
Authorities Functional Budgets
Total Funds
State Funds
Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total
$
6,520,000
$
1,404,556
$
7,924,556
Section 29. 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............................................
72,379,203
54,923,371 8,597,566
140,300 3,146,977
681,806 3,731,300
33,800 1,103,883
WEDNESDAY, FEBRUARY 1, 1989
Per Diem, Pees and Contracts.... Conviction Reports....................... State Patrol Posts Repairs
and Maintenance....................... Capital Outlay............................... Driver License Processing............ Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted..................
Public Safety Functional Budgets
Total Funds
Administration Driver Services Field Operations Total
$
17,470,148
$
13,842,033
$
42,717,022
$
74,029,203
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......................
Attached Units Functional Budgets
Total Funds
Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy
4,074,801
4,418,356 841,577
1,118,865
465
246,000 225,000
200,000 50,000 949,200 74,029,203 1,500,000 72,379,203
State Funds
15,970,148 13,842,033 42,567,022 72,379,203
13,264,335
6,163,941 2,262,872
133,500 136,170 151,795 356,563 91,853 153,900 1,178,700 2,675,977 100,000 13,405,271 12,974,196
397,276 29,100 13,000 0 0 40,000 63,625 8,000 23,800
3,500,000 4,074,801
290,139
State Funds
$
290,139
$
4,418,356
$
821,577
$
1,019,865
466
JOURNAL OF THE HOUSE,
Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total
408,023
344,845
6,273,605 17,480,072
408,023
344,845
5,961,530 13,264,335
Section 30. 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 31. 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....................................................................$
7,339,828
5,870,419 394,861 220,100 57,900 53,364 341,800 278,825 113,300
1,250,000 8,580,569 7,339,828
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation Utilities Total
$
1,596,604
$
2,766,949
$
4,217,016
$
8,580,569
1,596,604 1,649,352 4,093,872 7,339,828
Section 32. Board of 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........................
669,340,400
712,544,198 100,000,000
194,901,534 116,000,000 10,000,000
333,975 368,841
WEDNESDAY, FEBRUARY 1, 1989
467
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..........................
0 0 0 1,020,000
1,135,168,548
27,160,771 216,000,000 219,640,077
3,027,300 669,340,400
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..........................
140,125,408
182,973,433 56,589,452
80,767,375 25,816,168
267,521 1,693,360
1,251,877
2,655,750 2,381,730
158,000
680,924 12,215,450
729,262 600,000 200,000
739,618
206,000 369,925,920
0 82,415,620 146,829,192
555,700 140,125,408
Regents Central Office and Other Organized Activities Functional Budgets
Total Funds
State Funds
Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute
1,823,150
3,445,718 1,217,689
1,136,242
1,545,718 896,990
468
JOURNAL OF THE HOUSE,
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
$
96,148,375
$
5,718,590
$
48,307,462
$
45,928,134
$
133,121,511
$
2,833,608
$
2,299,285
$
5,545,918
$
1,743,722
$
2,181,920
$
19,610,838
$ 369,925,920
11,612,620 1,807,928
32,300,675 31,201,434 31,204,296 2,833,608
466,285 5,545,918
0 57,270 19,516,424 140,125,408
C. Budget Unit: Georgia Public Telecommunications Commission.........................
Public Telecommunications Commission Budget: Personal Services......................................... Operating Expenses .................................... Total Funds Budgeted............................... Other Funds................................................ State Funds Budgeted................................
6,168,939
5,135,068 5,247,823 10,382,891 4,213,952 6,168,939
Section 33. 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...............................
67,951,948
42,862,263 3,869,758 1,467,725
156,600 604,445 8,287,721 2,621,859 609,037 215,000
1,769,340
1,430,000 5,230,750 2,672,450 71,796,948 3,845,000 67,951,948
Department of Revenue Functional Budgets
Total Funds
State Funds
WEDNESDAY, FEBRUARY 1, 1989
469
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
$
4,490,016
$
9,370,301
$
4,991,947
$
13,999,788
$
7,723,662
$
16,681,034
$
6,037,853
$
4,174,472
$
4,327,875
$
71,796,948
$
4,490,016
$
9,170,301
$
4,773,947
$
13,699,788
$
6,766,662
$
15,049,034
$
6,037,853
$
4,093,472
$
3,870,875
$
67,951,948
Section 34. 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....................................................................$
20,717,464 13,424,337 2,381,489
229,000 134,000 80,520 603,675 2,171,939 267,642 674,862 750,000 20,717,464 20,717,464
Secretary of State Functional Budgets
Total Funds
State Funds
Internal Administration Archives and Records Business Services and
Regulations Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Total
$
2,929,039
$
4,618,544
$
3,726,389
$
1,432,365
$
875,519
$
178,828
$
6,956,780
$
20,717,464
$
2,929,039
$
4,618,544
$
3,726,389
$
1,432,365
$
875,519
$
178,828
$
6,956,780
$
20,717,464
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
$
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
470
JOURNAL OF THE HOUSE,
S.B. of Professional
Engineers and
Land Surveyors
$
S.B. of Registration
for Foresters
$
S.B. of Funeral Services
$
S.B. of Registration for
Professional Geologists
$
S.B. of Hearing Aid
Dealers and Dispensers
$
G.B. of Landscape Architects
$
S.B.for the Certification
of Librarians
$
Georgia Composite Board of
Professional Counselors,
Social Workers and Marriage
and Family Therapists
$
Composite S.B. of Medical
Examiners
$
S.B. of Nursing Home
Administrators
$
G.B. of Nursing
$
S.B.of Dispensing Opticians
$
S.B. of Examiners
in Optometry
$
S.B. of Occupational Therapy
$
S.B. of Pharmacy
$
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........................................................
64,700 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
300,000 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 1,465,035
826,001 138,070 12,000
WEDNESDAY, FEBRUARY 1, 1989
471
Motor Vehicle Purchases ...............................................................$
Equipment...... ..................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
17,000 10,510 286,354 57,300
16,800 101,000
1,465,035 1,465,035
Real Estate Commission Functional Budget
State Funds
Cost of Operations
Real Estate Commission
1,465,035
1,505,035
Section 35. 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....................................................................$
1,610,570
755,420 134,236 49,000
0 12,400 7,750 44,276 15,360 125,732 466,396 1,610,570 1,610,570
Section 36. Student Finance Commission. Budget Unit: 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....................................................................$
19,426.082
3,683,982 355,435 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 27,869,607
472
JOURNAL OF THE HOUSE,
State Funds Budgeted....................................................................$
19,426,082
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total
4,652,067
307,500
22,910,040 27,869,607
0
160,000
19,266,082 19,426,082
Section 37. 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 38. Department of Technical
and Adult Education. Budget Unit: Department of Technical
and Adult Education..............................................$ Department of Technical and Adult
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....................................................................$
108,378,049
3,271,872 302,568 105,000 0 25,100 119,684 376,180 67,991
1,471,018 16,000
62,908,040 9,552,749
0 4,945,908 31,486,349 2,621,863 5,653,680 122,924,002 108,378,049
WEDNESDAY, FEBRUARY 1, 1989
473
Institutions Functional Budgets
Total Funds
State Funds
Administration Institutional Programs Total
$
5,755,413
$117,168,589
$
122,924,002
$
3,823,322
$104,554,727
$ 108,378,049
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........................................ Equipment................................................................. Computer Charges.................................................... Real Estate Rentals................................................. Telecommunications................................................ Per Diem, Fees and Contracts............................... Capital Outlay.......................................................... Grants to Counties................................................... Grants to Municipalities......................................... Capital Outlay - Airport
Approach Aid and Operational Improvements....................................................... Capital Outlay - Airport Development......................................................... Mass Transit Grants................................................ Savannah Harbor Maintenance Payments............................................................... Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction............................................. G.O. Debt Sinking Fund......................................... Total Funds Budgeted............................................. State Funds Budgeted.............................................
473,809,981
201,992,382 50,327,324
1,726,750 1,008,600 4,361,648 2,048,045 1,292,155 1,914,586 8,345,601 460,201,518 9,317,013 9,317,000
1,285,000
1,270,000 10,617,972
1,240,000
1,575,000 31,000,000 798,840,594 473,809,981
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
$ 513,967,980
$ 209,595,522
$
5,980,771
$
9,317,013
$
18,961,039
$ 757,822,325
$ 221,388,676
$ 197,400,826
$
5,305,771
$
9,317,013
$
18,631,039
$ 452,043,325
General Funds Budget
Total Funds
State Funds
Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation
$
9,317,000
$
750,000 1,499,044
317,000
750,000 999,044
474
JOURNAL OF THE HOUSE,
Inter-Modal Transfer Facilities
Harbor Maintenance Activities
Maintenance and Betterments Total
$
15,637,225
$
2,815,000
$
11,000,000
$
41,018,269
$
5,885,612
$
2,815,000
$
11,000,000
$
21,766,656
Section 40. Department of Veterans Service.
Budget Unit: Department of Veterans Service ......................................................................$
Departmental 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 .................................................................................$ Operating Expense/Payments to Central State Hospital................................................................$ Operating Expense/Payments to Medical College of Georgia ........................................................$ Regular Operating Expenses for Projects and Insurance.........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
17,342,602
4,376,930 105,096 89,000 0 90,300 4,142 218,397 58,500 45,400 0
10,444,943
5,396,062
118,000 20,946,770 17,342,602
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total
$
4,912,765
$
10,558,943
$
5,475,062
$
20,946,770
$
4,682,128
$
8,301,412
$
4,359,062
$
17,342,602
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....................................................................$
7,481,358
5,907,878 258,241 62,000 0 43,142 418,357 593,985 95,700 152,055
7,531,358 7,481,358
Section 42. State of Georgia General Obligation Debt Sinking Fund.
WEDNESDAY, FEBRUARY 1, 1989
475
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)............................................$
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)..................................,............$
270,003,143 15,240,100
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 51-18-31, 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 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 Judi cial 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 Administra tive Services. The Department of Administrative 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.
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JOURNAL OF THE HOUSE,
Section 50. Provisions Relative to Section 14, Department of Correc tions. 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 Education Department 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 set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event 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 grade 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 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 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 percent of salaries to fund the provisions of HB 358.
Section 53. Provisions Relative to Section 21, Department of Human Resources. The Department of Human Resourses 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:
WEDNESDAY, FEBRUARY 1, 1989
477
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 27, 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.
For the purpose of increasing the employer contribution to the state employees health insurance fund from existing appropriations, there is hereby appropriated from each existing object class appropriation, from which such contributions have been funded, an amount equal to 125 percent of the employer contribution actually paid from such object class for the first quarter of Fiscal Year 1988-1989, and to the extent not so committed by rate increase, to remain appropriated for the general purposes of the object class.
The Department is authorized to make a study of grade differentials of captains in the Georgia State Patrol.
Section 55. Provisions Relative to Section 28, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 28 (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 28.
From the appropriation in Section 28 (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 28, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided 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 32, Board of Regents, Univer sity 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 29, Department of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.
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JOURNAL OF THE HOUSE,
Section 58. Provisions Relative to Section 33, Department of Revenue. From the appropriation in Section 33 (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 38, Department of Technical and Adult Education. None of the State funds appropriated in Section 38 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 60. Provisions Relative to Section 39, Department of Trans portation. 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 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 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; 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 amount 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
WEDNESDAY, FEBRUARY 1, 1989
479
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 matter.
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 effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 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 by 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 provisions, 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
480
JOURNAL OF THE HOUSE,
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 the purpose 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.
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 classification 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 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 72. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re- appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 73. Provisions Relative to Section 42, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amounts of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.
A.) Maturities not to exceed sixty months:
Project/Purpose
Principal Amount
Debt Service
Computers Equipment and Furnishings
for Technical Schools
$
20,900,000
10,515,000
$
5,016,000
2,523,600
WEDNESDAY, FEBRUARY 1, 1989
481
Equipment for laundry at Gracewood State School and Hospital
Equipment for Revenue Department
830,000 900,000
199,200 216,000
B.) Maturities not to exceed two-hundred forty months:
Project/Purpose
Principal Amount
Debt Service
Local School Construction Rock Removal at the Buford
Correctional Institution Hancock C.I. Purchase of facility for
Department of Corrections (Atlanta Advancement Center)
61,330,000 2,000,000 1,800,000
1,100,000
6,746,300 220,000 198,000
121,000
Section 74. 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 75. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989.................................................................................$ 6,399,119,662
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."
The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 118, designating Representative McDonald of the 12th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 118 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.
The Committee substitute was adopted.
482
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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 Y Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G N Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter
Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Y Smith, W Smyre
YSnow Y Stancil.F Y Stancil,S
Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J Y Yates
Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 118 was ordered immediately transmitted to the Senate.
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.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on State Planning and Community Affairs:
HB 522. By Representatives Clark of the 20th and Wilder of the 21st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to provide that the required notice of intention to introduce local legislation must be signed by or accompanied by signed authorization from a member of the General Assembly or a member-elect of the General Assembly.
WEDNESDAY, FEBRUARY 1, 1989
483
The Speaker announced the House in recess until 1:30 o'clock this afternoon.
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JOURNAL OF THE HOUSE,
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 199. By Representatives Gresham of the 21st, Isakson of the 21st, McDonald of the 12th, Walker of the 115th, Colbert of the 23rd and others: A resolution commending the Georgia Parent Teacher Association, inviting its president, Georgianne B. Bearden, to appear before the House of Representatives, and designating February 7, 1989, as PTA Day in Georgia.
The following Resolutions of the House were read and adopted:
HR 200. By Representatives Dixon of the 151st and Crosby of the 150th: A resolution commending the Waycross City School System.
HR 201. By Representatives Oliver of the 53rd, Lupton of the 25th, Townsend of the 24th, Martin of the 26th, Lawrence of the 49th and Teper of the 46th: A resolution commending Dr. James Dugal, Dr. Gail V. Anderson, Jr., and Dr. Hank Siegelson.
HR 202. By Representative Smith of the 78th: A resolution commending Honorable W. E. Blue.
HR 203. By Representatives Smith of the 78th, Jenkins of the 80th, Ray of the 98th, Adams of the 79th and Dunn of the 73rd: A resolution commending E. Byron Smith.
HR 204. By Representatives Smith of the 78th, Jenkins of the 80th, Ray of the 98th, Herbert of the 76th, Dunn of the 73rd and others: A resolution commending the Lamar Electric Membership Corporation.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 163. By Representatives Lane of the 27th and Watts of the 41st: A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of account, annual auditor's report, annual population estimates, provision of operating funds for commission by governing bodies, and adoption of annual program and budget with respect to metropolitan area planning and development commissions, so as to change the provisions relating to the amounts due from the political subdivisions in the metropolitan area.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 1, 1989
485
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Alford Alien Y Athon Atkins Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Barnett.M Beck Y Benefield YBenn Birdsong Y Bishop Bostick Branch Y Breedlove Brooks Y Brown YBuck Y Buford Byrd Carrell Carter Y Chambless Chance Y Cheeks Y Childers Clark.B
Y Clark.H Clark.L Colbert Coleman
Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B
Cummings.M Y Davis.C
Davis.G Davis.M Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Goodwin Y Green Greene Y Gresham Y Griffin Y Groover Hamilton Hanner Harris
Y Hasty Y Heard
Herbert Y Holcomb
Holland Holmes Hooks Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Jackson.W Jamieson Jenkins Johnson Y Jones Kilgore Y Kingston Y Lane.D Y Lane.R Langford Lawrence Y Lawson YLee Linder Long Lord Y Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley
Moody Y Moore
Morton Moultrie Mueller Oliver.C Y Oliver.M YOrr Y Orrock Padgett Y Pannell Parham Parrish Y Patten Pettit Pinkston Poag Porter Poston Y Powell Y Rainey Randall Y Ransom Ray Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith,P
Smith.T Y Smith, W
Smyre Snow Y Stancil.F Y Stancil.S Stanley Y Steele Y Stephens Y Teper Y Thomas.C Thomas.M Thompson Y Thurmond Y Titus Y Tolbert Townsend Y Twiggs Y Vaughan Waddle Walker.C Walker.L Wall Ware Y Watson Y Watts White Y Wilder Williams.B Williams ,J Y Yates Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 93, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 333. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Annotated, known as the "Uniform Partnership Act," so as to change the provisions relating to statements of partnership and amendments thereto; to provide for a conclusive presumption against a partnership; to change the provisions relating to application of partnership property to satisfy obligations upon rightful dissolution and rights of partners following wrongful dissolution.
The report of the Committee, which was favorable to the passage of 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 Abernathy
Adams
Aiken
Alford
Alien
Y Athon Atkins
Y Bailey Y Baker
Balkcom Bannister Y Barfoot Y Bargeron Y Barnett.B Barnett.M Beck Y Benefield YBenn Birdsong
Y Bishop
Y Bostick
Branch
Y Breedlove Brooks
Y Brown YBuck Y Buford
Byrd Carrell
Carter Y ChamblesB
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Colbert Coleman
Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C
Davis.G
486
JOURNAL OF THE HOUSE,
Davis,M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn
Edwards Y Ehrhart
Felton
Y Fennel
Y Floyd
Y Foster
Y Godbee
Goodwin Y Green
Greene
Y Gresham Y Griffin
Y Groover Hamilton Hanner
Harris Y Hasty Y Heard
Herbert Y Holcomb
Y Holland
Holmes Y Hooks Y Howren Y Hudson
Y Irwin
Isakson Y Jackson,J
Jackson, W
Jamieson
Jenkins
Johnson
Y Jones
Kilgore Y Kingston
Y Lane.D
Y Lane.R Langford
Lawrence Y Lawson Y Lee
Linder Long Lord Lucas Y Lupton
Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney,C Y Meadows Y Milam
Y Mobley
Moody
Y Moore
Morton
Moultrie Mueller
Oliver.C
Y Oliver.M Y Orr
Y Orrock Padgett
Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston
Y Poag
Y Porter Poston
Y Powell Rainey
Randall
Y Ransom Ray Reaves
Redding
Y Richardson
Y Ricketson
Y Robinson
Y Royal Y Selman
Y Simpson
Sinkfield Y Smith.L
Y Smith.P Smith.T
Y Smith,W
Smyre Snow Y Stancil.F Y Stancil.S Stanley
Y Steele
Y Stephens Y Teper Y Thomas.C
Thomas.M
Y Thompson
Y Thurmond Y Titus Y Tolbert
Townsend
Y Twiggs
Y Vaughan
Y Waddle
Walker.C Walker.L
Wall
Ware Y Watson
Y Watts White Wilder
Williams.B Williams,J Y Yates Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 101, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 334. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others:
A bill to amend Chapter 9 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Revised Uniform Limited Partnership Act," so as to change the provisions relating to names of limited partnerships and reservations of names; to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 334 by striking from line 28 of page 2 the following:
"an",
and inserting in lieu thereof the following:
By deleting from line 11 of page 3 the following: "only".
By striking lines 5 through 15 of page 4 and inserting in lieu thereof the following:
'"14-9-103. (a) A person may apply to reserve the use of a limited partnership name under Code Section 14-9-102. If the Secretary of State finds that the limited partnership name applied for is available, he shall reserve the name for the applicant's use for a nonrenewable 60 day period.
(b) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of
WEDNESDAY, FEBRUARY 1, 1989
487
State a signed notice of the transfer that states the name and address of the transferee.'"
By adding following the word "corporation" on line 30 of page 5 the following:
"; provided, however, that in any merger of a domestic limited partnership with a corporation, the corporation must survive".
By deleting from line 7 of page 10 the following:
"or county". By striking lines 20 and 21 of page 14 and inserting in lieu thereof the following:
"as agreed among all of the persons who are partners at the time of redemption.'"
By striking lines 22 through 25 of page 14 and inserting in lieu thereof the following:
"Section 12. Said chapter is further amended by striking subsections (e) and (f) of Code Section 14-9-602, relating to withdrawal of a general partner, and inserting in lieu thereof new subsections (e) and (f) to read as follows:".
By striking line 17 of page 15 and inserting in lieu thereof the following:
"regularly carried OKT
(f) The filing of a writing or certificate provided for in subsection (d) of this Code section shall not alone constitute notice within the meaning ef paragraph (i) fit (3) of subsection (e) of this Code section.'"
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 Abernathy
Adams Aiken Y Alford Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom Bannister
Y Barfoot Y Bargeron Y Barnett.B
Barnett,M YBeck Y Benefield
Y Benn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford
Byrd Y Carrell
Carter Y Chambless
Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.C
Davis.G Davis,M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart
Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green
Greene
Y Gresham Y Griffin Y Groover
Hamilton Hanner Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Kilgore Y Kingston Y Lane.D Y Lane.R Langford
Lawrence Y Lawson YLee
Linder Long
Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam
Y Mobley Moody
Y Moore Morton Moultrie Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Padgett Y Pannell
Y Parham Parrish
Y Patten Y Pettit
Pinkston YPoag Y Porter
Poston Y Powell
Y Rainey Randall
Y Ransom Ray Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith,L Y Smith,P
Smith.T
Y Smith.W
Smyre
Snow Y Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend
Y Twiggs
488
JOURNAL OF THE HOUSE,
Y Vaughan Y Waddle
Walker.C
Walker.L Wall Ware
Y Watson Y Watts
White
Y Wilder Williams.B Williams,J
Y Yates Yeargin Murphy.Spkr
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.
Representative Bannister of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 335. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, known as the "Georgia Business Corporation Code," so as to revise said chapter; to provide that each provision of such chapter shall have independent legal significance; to correct typographical, grammatical, stylistic, and punctuation errors and omissions; to change the provisions relating to filing requirements.
The following amendment was read and adopted:
The House Committee on Judiciary moves to amend HB 335 by adding following the word "signatures" on line 12 of page 1 the following:
"; to provide for corporate seals and the use and effect thereof".
By striking from line 21 of page 1 the following:
"directions;",
and inserting in lieu thereof the following:
"directors;".
By deleting from lines 8 through 10 of page 2 the following:
"to change the provisions relating to dismissal of a derivative proceeding;".
By adding between lines 11 and 12 of page 10 the following:
"Section 8. Said chapter is further amended by adding, following Code Section 14-2-150, a new Code Section 14-2-151 to read as follows:
'14-2-151. (a) With respect to any contract, conveyance, or similar document executed by or on behalf of a domestic or foreign corporation, the presence of the corporate seal, or a facsimile thereof, attested by the secretary or assistant secretary of the corporation, or other officer to whom the bylaws or the directors have delegated the responsibility for authenticating records of the corporation, shall attest:
(1) That the corporate seal or facsimile thereof affixed to the document is in fact the seal of the corporation or a true facsimile thereof, as the case may be;
(2) That any officer of the corporation executing the document does in fact occupy the official position indicated, that one in such position is duly authorized to execute such document on behalf of the corporation, and that the signature of such officer subscribed thereto is genuine; and
WEDNESDAY, FEBRUARY 1, 1989
489
(3) That the execution of the document on behalf of the corporation has been duly authorized.
(b) When the seal of a corporation or the facsimile thereof is affixed to any document and is attested by the secretary or assistant secretary of a corporation, or other officer to whom the bylaws or the directors have delegated the responsibility for authenticating records of the corporation, a third party without knowledge or reason to know to the contrary may rely on such document as being what it purports to be.
(c) The seal of the corporation may be affixed to any document executed by the corporation, but the absence of the seal shall not impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon.'"
By redesignating Section 8, beginning on line 12 of page 10, through Section 11, beginning on line 16 of page 15, as Sections 9 through 12, respectively.
By striking the word "and" on line 11 of page 12.
By striking line 32 of page 12 and inserting in lieu thereof the following:
"provision becomes effective; ; and
(5) A provision that, in discharging the duties of their respective positions and in determining what is believed to be in the best interests of the corporation, the board of directors, committees of the board of directors, and individual directors, in addition to considering the effects of any action on the corporation or its shareholders, may consider the interests of the employees, customers, suppliers, and creditors of the corporation and its subsidiaries, the communities in which offices or other establishments of the corporation and its subsidiaries are located, and all other factors such directors consider pertinent; provided, however, that any such provision shall be deemed solely to grant discretionary authority to the directors and shall not be deemed to provide to any constituency any right to be considered."
By deleting from line 22 of page 15 the following: "only".
By striking lines 27 through 32 of page 15 and lines 1 through 8 of page 16 and inserting in lieu thereof the following:
"Section 13. Said chapter is further amended by striking Code Section 14-2-402, relating to reserved names, and inserting in lieu thereof a new Code Section 14-2-402 to read as follows:
'14-2-402. (a) A person may apply to reserve the exclusive use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is
posed te be reserved. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicant's exclusive use for a nonrenewable 60 day period.
(b) The owner ef a reserved corporate name A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee.'"
By redesignating Sections 13 through 29 as Sections 14 through 30, respectively.
By deleting Section 30 on line 17 of page 32 through line 24 of page 34 in its entirety.
By deleting from lines 28 and 29 of page 45 the following:
490
JOURNAL OF THE HOUSE,
"by the responsible superior officer or".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 336. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th, Groover of the 99th, Robinson of the 96th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relating to the filing of documents, registrations, and reports with the Secretary of State; to provide for notice and the giving of notice; to provide for time periods and requirements related thereto.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 336 by deleting from line 9 of page 11 the following:
"only".
By striking from lines 18 and 19 of page 56 the following: ", except banks and trust companies,", and inserting in lieu thereof the following:
By striking lines 1 through 33 of page 58 and inserting in lieu thereof the following:
"Section 35. Said title is further amended by striking Code Section 14-4-183, relating to fees of the Secretary of State for filing documents and issuing certificates, and inserting in lieu thereof a new Code Section 14-4-183 to read as follows:
'14-4-183. The Secretary of State shall charge and collect fen collect fees as prescribed in Code Section 14-2-122 when the documents described in this chapter are delivered to him for filing.
f2) Filing a petition for amendment ef charter . ft petition lor rcncwo.1
(&) Filing articles ef merger e* consolidation............ 46) Filing a petition for the surrender ef a charter er i 4?) Filing the annual report ef a corporation ............ (8) Certification ef a copy er the furnishing ef a certified copy ef
any document, instrument, or paper relating te a corporation,
seal tncrcto...........................................................................................
WEDNESDAY, FEBRUARY 1, 1989
491
r iling ft petition to 8.mono, d petition on file witri ine i of otste................................................................................
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 Abernathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Beck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown YBuck Y Buford
Byrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H
Clark.L Colbert Y Coleman Colwell
Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green
Greene Y Gresham
Y Griffin Y Groover
Hamilton Y Hanner
Harris
Y Hasty
Y Heard Herbert
Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson, W Jamieson Y Jenkins Y Johnson Y Jones Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford
Lawrence Y Lawson YLee
Linder Long Lord Lucas Y Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
McKinney.C
Y Meadows Y Milam
Y Mobley Y Moody
Moore Morton Y Moultrie Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Par ham Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter
Poston Y Powell Y Rainey
Randall Y Ransom
Ray Reaves Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts
White Y Wilder
Y Williams.B Williams,J
Y Yates Yeargin Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 414. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973," so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford
Alien
Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B
492
JOURNAL OF THE HOUSE,
Barnett.M Beck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford
Byrd Y Carrell
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
Cox
Y Crawford
Y Crosby Y Cummings,B
Cummings.M
Y Davis.C Y Davis.G
Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton
Y Hanner Harris
Y HaBty Y Heard
Herbert Y Holcomb
Y Holland Holmes
Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Jenkins Y Johnson
Y Jones Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford
Lawrence Y Lawson YLee
Linder Long Lord Y Lucas Y Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody
Moore
Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Pinkston YPoag Y Porter
Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Sinkfield Y Smith,L Y Smith.P
Y Smith.T Y Smith, W
Smyre YSnow
Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Y Thompson Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Watson Watts White Wilder Y Williams.B Williams.J Y Yates Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Retirement and referred to the Committee on Ways and Means:
HB 444. By Representatives Porter of the 119th, Moore of the 139th, Pinkston of the 100th, Parham of the 105th, Jamieson of the llth and others:
A bill to amend Article 6 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions concerning the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to the exemption of funds from attachment, garnishment, etc.; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income with respect to state income taxes.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 339. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that retired judges of the probate courts shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies.
WEDNESDAY, FEBRUARY 1, 1989
493
The following amendment was read and adopted:
Representative Chambless of the 133rd moves to amend HB 339 as follows: By adding on line 17, page 1 after "ceremonies." the following: "For purposes of this section a retired judge of a probate court shall be one who has served as probate judge not less than 12 years."
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 Abernathy Y Adams
Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford
Byrd Y 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
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G
Davis.M Y Dixon.H
Y Dixon,S N Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster
Godbee Y Goodwin
Y Green Greene
Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner Harris
Y Hasty Y Heard
Herbert Y Holcomb
Y Holland Holmes
Y Hooks Y Howren Y Hudson
Irwin Isakson Y Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones
Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawrence Y Lawson YLee
Linder Long Lord Y Lucas Y Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody N Moore
Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Pannell Par ham Parrish Y Patten Y Pettit Pinkston YPoag Y Porter
Y Poston Y Powell Y Rainey
Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson
Royal Y Selman
Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre
YSnow Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Thomas.C Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L
Y Wall Ware Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J
Y Yates Yeargin Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 127, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 183. By Representatives Ware of the 77th, Griffin of the 6th, Dunn of the 73rd, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to provide that certain direct response advertising shall constitute an unfair trade practice.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
494
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy
Adams Aiken Y Alford Alien Y Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Barnett.B Barnett.M
YBeck Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
Byrd Y Carrell
Carter Y Chambless
Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby
Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green
Greene Gresham Y Griffin Y Groover Y Hamilton Y Banner Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Lawrence Y Lawson Y Lee Linder Long
Lord Y Lucas Y Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Moore
Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinks ton YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Redding Y Richardson Ricketson Y Robinson Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Y Smith.W Smyre
Y Snow Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 125. By Representatives Twiggs of the 4th, Foster of the 6th, Griffin of the 6th and Langford of the 7th:
A bill to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council and the appointment of the executive director, so as to prescribe certain training requirements for the executive director and investigators appointed by the executive director; to provide certain powers of the executive director and investigators.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett.B
Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Bostick
Y Branch Y Breedlove
Brooks
Y Brown Y Buck Y Buford
Byrd Y 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
Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G
Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
WEDNESDAY, FEBRUARY 1, 1989
495
Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Greene Gresham Y Griffin
Y Groover Y Hamilton Y Hanner
Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Jamieson
Y Jenkins
Y Johnson
Y Jones
Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford
Lawrence
Y Lawson YLee
Linder
Long
Lord
Y Lucas Y Lupton
Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Milam
Y Mobley Moody
Y Moore
Morton
Y Moultrie Y Mueller
Oliver.C
Oliver.M
YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinks ton
YPoag
Y Porter
Y Poston
Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Redding Y Richardson
Ricketson
Y Robinson
Royal Y Selman
Simpson Y Sinkfield Y Smith.L Y Smith.P
Y Smith.T Y Smith.W
Smyre
YSnow
Stancil.F Y Stancil.S
Stanley
Y Steele
Y Stephens Y Teper
Thomas.C Thomas.M Y Thompson Thurmond Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Wilder Y Williams.B Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 130, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 285. By Representative Hudson of the 117th:
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 sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford Y Byrd
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
Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B
Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards
Y Ehrhart
Felton
Y Fennel
Y Floyd
Y Foster
Y Godbee
Y Goodwin Y Green
Greene Y Grfcsham Y Griffin Y Groover Y Hamilton
Y Hanner
Y Harris
Y Hasty
Y Heard
Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins
Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford
Lawrence
Y Lawson
Lee
Linder
Long
YLord
Y Lucas
Y Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Y Milam Y Mobley
Moody Y Moore Y Morton
Y Moultrie
Mueller
Oliver.C
Y Oliver.M
YOrr
Y Orrock Y Padgett Y Pannell
Y Parham
Y Parrish Y Patten Y Pettit
Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey
Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Royal
Y Selman Simpson
Y Sinkfield
496
JOURNAL OF THE HOUSE,
Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow
Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M
Y Thompson Thurmond
Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 299. By Representatives Richardson of the 52nd, Aaron of the 56th, Oliver of the 53rd, Hasty of the 8th, Williams of the 48th and others:
A bill to amend COde Section 16-6-3 of the Official Code of Georgia Annotated, relating to statutory rape, so as to abolish the requirement that the testimony of the victim be corroborated.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Y Aiken Alford
Alien Y Athon Y Atkins
Bailey Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett,M
YBeck N Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Breedlove Y Brooks Y Brown YBuck Y 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 Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M N Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Fennel Y Floyd N Foster Y Godbee Y Goodwin Y Green Greene Y Gresham N Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert N Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson.J Jackson.W Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford
Lawrence
Y Lawson YLee
Linder Long YLord Y Lucas
Y Lupton Mangum Martin
McCoy McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley
Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock
Y Padgett Y Pannell
Parham Y Parrish
Y Patten N Pettit
Pinkston YPoag Y Porter N Poston Y Powell
Y Rainey Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Royal Y Selman
Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow
Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Y Thompson Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White N Wilder Y Williams.B
Williams ,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 130, nays 8. The Bill, having received the requisite constitutional majority, was passed.
Representatives Fennel of the 155th and Thomas of the 31st 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.
WEDNESDAY, FEBRUARY 1, 1989
497
Representative Pettit of the 19th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 299.
Under the general order of business, the following Bill of the House was again taken up for consideration:
HB 192. By Representatives Porter of the 119th and Groover of the 99th:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that a state court judge shall, on the date he takes office, reside within the judicial circuit containing the geographic area in which he is selected to serve.
The following substitute, offered by Representative Porter of the 119th was read and adopted:
A BILL
To amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of state court judges, so as to change provisions relating to residency requirements; to provide that if no qualified person qualifies during the regular qualifying period, then qualifying shall be reopened with a relaxed residency requirement; 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 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of state court judges, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) (1) Each Except as provided in paragraph (2) of this subsection, each judge of the state court shall have been a resident of the geographic area in which he is selected to serve for three years next preceding the beginning of his term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for five years.
(2) If, at the expiration of the qualifying period for the general nonpartisan primary or any special election, no candidate meeting the requirements of paragraph (1) of this subsection has qualified, then the county election superintendent shall reopen qualifying for a period of not less than one nor more than 20 days, and any person may qualify who: (A) will have been for three years next preceding the beginning of the term of office a resident of the superior court judicial circuit containing the geographic area in which the judge is to serve; and (B) meets all requirements, other than the residency requirement specified in paragraph (1) of this subsection, for eligibility for nomination and election to the office of state court judge."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
498
Y Aaron Y Abernathy Y Adams N Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Y Benn
Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
JOURNAL OF THE HOUSE,
Y Clark.H Y Clark.L Y Colbert Y Coleman
Y Colwell Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon,S Y Dobbs
Dover Y Dunn
Y Edwards Y Ehrhart
Felton Y Fennel
Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Manner
Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson,W Jamieson Y Jenkins Y Johnson
Y Jones Kilgore
Y Kingston Y Lane,D Y Lane.R Y Langford
Lawrence Y Lawson YLee
Linder Y Long YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald
Y McKelvey McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Moore Y Morton Y Moultrie
Mueller Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinks ton YPoag Y Porter
Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Y Smith, W Smyre
YSnow Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 146, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on Special Judiciary and referred to the Committee on State Institutions and Property:
SB 65. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 19-10-1 of the Official Code of Georgia Annotated, relating to abandonment of a child and penalties therefor, so as to provide procedures and requirements relative to the suspension of sentences for abandonment; to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations on the question of the probation of a defendant, so as to delete the provisions relating to the suspension of sentences of abandonment.
SB 66. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the provisions relating to said offense; to provide that revocation of probation for conduct in violation of said Code section shall not preclude an independent criminal prosecution under said Code section; to provide an effective date.
WEDNESDAY, FEBRUARY 1, 1989
499
SB 67. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, so as to provide an option for the court to order a 40 hour per week work detail in lieu of incarceration; to provide for additional community service hours for disciplinary reasons in lieu of incarceration; to provide an effective date.
Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 354. By Representative Randall of the 101st:
A bill to amend Code Section 9-11-36 of the Official Code of Georgia Annotated, relating to written requests for admissions in civil proceedings, so as to provide that matters admitted or denied in the pleadings shall not need to be admitted or denied in the answers to written requests for admission.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 9-11-36 of the Official Code of Georgia Annotated, relating to written requests for admissions in civil proceedings, so as to provide for the filing of requests for admissions; to provide for time limits; to provide that matters admitted or denied in the pleadings shall not need to be admitted or denied in the answers to written requests for admission; 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 9-11-36 of the Official Code of Georgia Annotated, relating to written requests for admissions in civil proceedings, is amended by striking paragraphs (1) and (2) of subsection (a) of said Code section in their entirety and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of subsection (b) of Code Section 9-11-26 which are set forth in the request and that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. A request for admission shall be filed as a separate document and may not be filed until the expiration of ten days after the filing of a required answer to the pleading setting forth the cause of action with respect to which the request for admission iss sought or ten days after the expiration of the time when such answer is required to be filed.
(2) Each matter of which an admission is requested shall be separately set forth. Except with regard to a matter admitted or denied in the pleadings, the T-he matter is admitted unless, within 30 days after service of the request or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney; but unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon him. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the
500
JOURNAL OF THE HOUSE,
matter. A denial shall fairly meet the substance of the requested admission; and, when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to subsection (c) of Code Section 9-11-37, deny the matter or set forth reasons why he cannot admit or deny it."
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 Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford
Byrd Y Carrell
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
Cox Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Ylrwin
Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Lawrence Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Patten
Y Pettit Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall
Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond
Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder
Williams.B Williams,J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 265. By Representatives Orrock of the 30th, McDonald of the 12th and Dunn of the 73rd:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alcohol, or while using any drug that affects such person's faculties.
WEDNESDAY, FEBRUARY 1, 1989
501
The following Committee substitute was read:
A BILL
To amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alcohol, while using any drug that affects such person's faculties, or while there is 0.04 percent or more of alcohol in his blood; to provide for chemical testing; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, is amended by inserting immediately following Code Section 6-2-5 a new Code Section 6-2-5.1 to read as follows:
"6-2-5.1. (a) A person shall not operate or be in actual physical control of an aircraft in this state:
(1) Within eight hours after the consumption of any alcoholic beverage; (2) While under the influence of alcohol; (3) While using any drug that affects such person's faculties in any way contrary to safety; or (4) While there is 0.04 percent or more by weight of alcohol in his blood. (b) Any person arrested for violation of this Code section shall, at the request of a law enforcement officer of the state or any political subdivision, be administered a test as provided by and subject to the restrictions of subsection (a) of Code Section 40-6-392. (c) A person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $10,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Walker of the 115th moves to amend the Committee substitute to HB 265 as follows:
By deleting lines 20 and 21 on page 1 and by changing the figure $10,000.00 to $2,000.00 on line 8, page 2.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy
N Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins
Y Bailey Y Baker Y Balkcom N Bannister
Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop
Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck
Y Buford
Byrd Carrell Y Carter Y Chambless
Y Chance Y Cheeks N Childers
N Clark.B Y Clark.H N Clark,L Y Colbert Y Coleman
N Colwell
Connell
Y Couch Cox
Y Crawford Crosby Cummings,B
Y Cummings.M
Y Davis.C Davis.G
Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
N Dunn Y Edwards N Ehrhart
Felton Y Fennel
Y Floyd
Y Foster
Y Godbee Y Goodwin Y Green N Greene
Gresham
Y Griffin
Y Groover Hamilton Hanner
Y Harris
Y Hasty Y Heard Y Herbert
N Holcomb Y Holland N Holmes Y Hooks Y Howren
Y Hudson
Y Irwin
Isakson Y Jackson,J
Jackson.W Jamieson N Jenkins
Y Johnson
Y Jones Kilgore
Y Kingston N Lane.D
Y Lane.R N Langford Y Lawrence
Y Lawson Y Lee
Linder Y Long Y Lord
502
Y Lucas Y Lupton Y Mangum N Martin Y McCoy N McDonald N McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley N Moody Y Moore Y Morton Y Moultrie
JOURNAL OF THE HOUSE,
N Mueller Oliver.C
Y Oliver.M
NOrr
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish N Patten N Pettit
Pinkston
N Poag
N Porter
N Poston
N Powell
Y Rainey Y Randall Y Ransom YRay
Y Reaves
Y Redding N Richardson N Ricketson Y Robinson Y Royal
N Selman
Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T
Y Smith.W
Smyre
YSnow
Y Stancil,F Y Stancil.S Y Stanley Y Steele N Stephens Y Teper Y Thomas.C Y Thomas.M
Thompson
Y Thurmond
Y Titus N Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L N Wall
N Ware Watson
N Watts White
N Wilder N Williams.B
Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 116, nays 36. The amendment was adopted.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford
Crosby Cummings.B Cummings.M Y Davis.C Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards
Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Groover
Y Hamilton
Manner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks
N Howren
Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson, W Jamieson Y Jenkins
Y Johnson Y Jones
Y Kilgore
Y Kingston Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson YLee
Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr
Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre
YSnow
Y Stancil.F
Y Stancil.S
Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Walker.L Y Wall
Y Ware Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
WEDNESDAY, FEBRUARY 1, 1989
503
Representative Walker of the 115th 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 155. By Representatives Griffin of the 6th, Foster of the 6th, Patten of the 149th, Poag of the 3rd and McCoy of the 1st:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Underground Storage Tank Act," so as to change the provisions relating to the definition of a petroleum product; to change the provisions relating to the payment of the environmental assurance fee on petroleum products for the purposes of the Underground Storage Tank Trust Fund.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Underground Storage Tank Act," so as to change the provisions relating to the definition of a petroleum product; to provide for a late participation fee to be paid by the owners or operators of jet turbine fuel underground storage tanks as a condition of participation in the Underground Storage Tank Trust Fund; to change the provisions relating to corrective action for the release of petroleum products into the environment; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Underground Storage Tank Act," is amended by striking paragraph (12) of Code Section 12-13-3, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Petroleum product' means petroleum, including gasoline, gasohol, diesel fuel, fuel oils including #2 fuel oil, and kerosene, btrt excluding including jet turbine fuel."
Section 2. Said chapter is further amended by adding at the end of Code Section 12-13-10, relating to environmental assurance fees, a new subsection (c) to read as follows:
"(c) If an underground storage tank was in use for the storage of jet turbine fuel prior to the owner's or operator's participation in the Underground Storage Tank Trust Fund, the director shall require, as a condition for beginning participation in the fund, the owner or operator to pay into the fund a late participation fee which shall be an amount equal to the environmental assurance fee provided for in subsection (a) of this Code section which would have been paid by the owner or operator, as if the owner or operator had been a participant in the fund, during a period beginning on July 1, 1988, and ending on the beginning date of participation in the fund or beginning on the date the jet turbine fuel underground storage tank was first used, if after July 1, 1988, and ending on the beginning date of participation in the fund."
Section 3. Said chapter is further amended by striking paragraph (7) of subsection (e) of Code Section 12-13-11, relating to corrective action for the release of petroleum products into the environment, in its entirety and substituting in lieu thereof a new paragraph (7) to read as follows:
"(7) The owner or operator of a petroleum product underground tank has stored a petroleum product, after July 1, 1988, in such tank which has not been subjected to the environmental assurance fee imposed in subsection (a) of Code Section 12-13-10 and the late participation fee provided for in subsection (c) of Code Section 12-13-10."
504
JOURNAL OF THE HOUSE,
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot
Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Y Clark.B
Y Clark.H
Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin YIsakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson NLee Y Linder
YLong YLord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter
Poston Y Powell Y Rainey
Y Randall Y Ransom YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Yates
Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 82. By Senators Barnes of the 33rd, McKenzie of the 14th, Baldwin of the 29th and others:
A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Industry and Trade to the Department of Industry, Trade, and Tourism; to change the name of the Board of Industry and Trade to the Board of Industry, Trade, and Tourism; to change the title of the commissioner of industry and trade to the commissioner of industry, trade, and tourism.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
WEDNESDAY, FEBRUARY 1, 1989
505
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings,B Cummings.M
Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
WilliamsJ
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 202. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth, Reaves of the 147th and Langford of the 7th:
A bill to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the game and fish laws, so as to change certain definitions; to amend Code Section 27-4-74 of the Official Code of Georgia Annotated, relating to the sale, purchase, or transportation of game fish generally, so as to exempt farmed domestic fish from the prohibitions of the Code section.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the game and fish laws, so as to change certain definitions; to amend Code Section 27-4-74 of the Official Code of Georgia Annotated, relating to the sale, purchase, or transportation of game fish generally, so as to exempt farmed domestic fish from the prohibitions of the Code section; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the game and fish laws, is amended by striking paragraph (23) in its entirety and inserting in lieu thereof a new paragraph (23) to read as follows:
506
JOURNAL OF THE HOUSE,
"(23) 'Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animalsT , except that farmed fish which are produced from privately purchased fish eggs or fingerlings shall be considered 'domestic species' if such farmed fish are held in confinement on private property."
Section 2. Said Code section is further amended by striking the introductory language to paragraph (36) and inserting in lieu thereof new introductory language to read as follows:
"(36) 'Game fish' means the following fish, except as provided in paragraph (23) of this Code section:"
Section 3. Said Code section is further amended by striking paragraph (77) in its entirety and inserting in lieu thereof a new paragraph (77) to read as follows:
"(77) 'Wildlife' means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes mammals, birds, fish, except as provided in paragraph (23) of this Code section, amphibians, reptiles, crustaceans, and mollusks or any part thereof."
Section 4. Code Section 27-4-74 of the Official Code of Georgia Annotated, relating to the sale, purchase, or transportation of game fish generally, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding any of the provisions of this title to the contrary, American shad, hickory shad, flathead catfish, and channel catfish, and farmed domestic fish as provided in paragraph (23) of Code Section 27-1-2 shall not be subject to the prohibitions set forth in this Code section."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The following substitute offered by Representative Twiggs of the 4th was read and adopted:
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 sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers; to provide for a definition; to exempt certain fish and the production, hatching, raising, harvesting, and sale of certain fish and activities and persons, partnerships, firms, corporations, associations, and legal entities connected therewith from the game and fish laws of this state; to provide for exceptions; to declare that certain activities connected with certain fish are declared to be an agricultural pursuit; to provide for regulation by the Department of Agriculture; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety subparagraph (B) of paragraph (36) of Code Section 27-1-2, relating to definitions of terms used in the game and fish laws, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Trout, except as provided in Code Section 27-4-78: (i) Rainbow trout; (ii) Brown trout; and (iii) Brook trout."
WEDNESDAY, FEBRUARY 1, 1989
507
Section 2. Said title is further amended by striking in its entirety subparagraph (H) of paragraph (36) of Code Section 27-1-2, relating to definitions of terms used in the game and fish laws, and inserting in lieu thereof a new subparagraph (H) to read as follows:
"(H) Catfish, except as provided in Code Section 27-4-78: (i) Channel catfish; and (ii) Flathead catfish."
Section 3. Said title is further amended by striking Code Section 27-4-75, relating to sale of fish by commercial fish hatcheries, and inserting in lieu thereof a new Code Section 27-4-75 to read as follows:
"27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as provided in Code Section 27-4-78.
(b) Except as provided in Code Section 27-4-74 or 27-4-78, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell for consumption or resale any species of game fish other than American shad, hickory shad, flathead catfish, or channel catfish. It shall also be unlawful for any person to have in his possession any such game fish obtained from a commercial fish hatchery unless the fish are accompanied by a bona fide bill of sale or lading detailing the number and pounds of each species of fish contained therein.
(c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations."
Section 4. Said title is further amended by striking subsection (a) of Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in Code Section 27-4-78, it ft shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Notwithstanding any other provision to the contrary, neither a licensed commercial fish hatchery nor persons engaged in the sale of channel catfish shall be required to obtain a license as a wholesale fish dealer or a retail fish dealer."
Section 5. Said title is further amended by adding, following Code Section 27-4-77, a new Code Section 27-4-78 to read as follows:
"27-4-78. (a) As used in this Code section, the term 'food fish' means trout and channel catfish which are commercially produced and sold only as food for human consumption and which are produced, hatched, and raised in a privately owned pond, raceway, fish hatchery, or other impoundment of water. Food fish are declared to be a domestic farm product and shall not be included within the definition of 'game fish' as used in this title.
(b) Any person, partnership, firm, corporation, association, or other legal entity engaged in commercially producing, hatching, raising, harvesting, and selling food fish is declared to be engaged in an agricultural pursuit and shall be exempt from all provisions of this title establishing requirements for obtaining any licenses, regulations relative to harvesting of fish, and record-keeping requirements, but only to the extent such activities relate solely to food fish. The commercial production, hatching, raising, harvesting, and selling of food fish shall be regulated pursuant to rules and regulations of the Department of Agriculture, provided that any food fish processing plant shall be governed by the provisions of Article 6 of Chapter 2 of Title 26 as such provisions apply to meat and poultry processing plants. Any activity or action of any such person, partnership, firm, corporation, association, or other legal entity which relates to any fish other than food fish or which relates to producing, hatching, raising, harvesting, or selling food fish for any purpose other than as food for human consumption shall not be exempt from the provisions of this title."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
508
JOURNAL OF THE HOUSE,
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 Abernathy Y Adams
Y Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee
Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord
Lucas Y Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows
Milam Mobley Y Moody Y Moore Y Morion Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W YSmyre Y Snow
Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 10:00 o'clock, tomorrow morning.
THURSDAY, FEBRUARY 2, 1989
509
Representative Hall, Atlanta, Georgia Thursday, February 2, 1989
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 Charles O. Walker, Pastor, First Baptist Church, Jasper, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:
HB 571. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act creating a new charter for the City of Gillsville, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 572. By Representatives Moore of the 139th, Branch of the 137th, Barfoot of the 120th, Moody of the 153rd and Walker of the 115th: 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 that certain veterans shall be entitled to free motor vehicle license plates; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide that certain veterans shall be exempt from ad valorem taxes on a motor vehicle.
Referred to the Committee on Ways & Means.
510
JOURNAL OF THE HOUSE,
HB 573. By Representative Martin of the 26th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to change certain provisions relating to the effective date of certain zones; to provide for corresponding changes with respect to certain tax exemptions.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 574. By Representative Simpson of the 70th:
A bill to amend Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts in general, so as to provide that the board shall be authorized to require continuing education as a condition of certificate renewal.
Referred to the Committee on Natural Resources & Environment.
HB 575. By Representatives Sinkfield of the 37th and Benn of the 38th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to provide for additional criteria with respect to the creation of certain zones for residential purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 576. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-38 of the Official Code of Georgia Annotated, relating to procedures and requirements applicable to probationers who violate the terms of probation, so as to provide that when probation is revoked in a county other than the county of original conviction, the probationer shall be transferred to the jail of the county of original conviction for service of the period of revocation or to await formal commitment.
Referred to the Committee on State Institutions & Property.
HB 577. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to authorize drug bidding programs and rebates relating thereto.
Referred to the Committee on Health & Ecology.
HB 578. By Representative Ware of the 77th:
A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 579. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A bill to provide for the terms of office and for the election of members of the Board of Education of Whitfield County.
Referred to the Committee on State Planning & Community Affairs - Local.
THURSDAY, FEBRUARY 2, 1989
511
HB 581. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd, Martin of the 26th and McKelvey of the 15th:
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 the definition of the term "wages"; to change the definition of the term "computation date" with respect to the rate of employer contributions in special cases.
Referred to the Committee on Industrial Relations.
HB 582. By Representatives Alford of the 57th, Oliver of the 53rd, Richardson of the 52nd, Williams of the 48th and Lawrence of the 49th:
A bill to amend Code Section 40-2-24 of the Official Code of Georgia Annotated, relating to processing by private persons of applications for registration, so as to change certain requirements regarding the performance bond required of persons processing license applications.
Referred to the Committee on Governmental Affairs.
HB 583. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the name of the Catoosa County Water and Sewer District to the "Catoosa Utility District".
Referred to the Committee on State Planning & Community Affairs - Local.
HB 584. By Representatives Moore of the 139th and Dover of the llth:
A bill to amend Code Section 20-4-17 of the Official Code of Georgia Annotated, relating to agencies authorized to receive federal funds, so as to provide that the Department of Technical and Adult Education is designated as the sole state agency authorized to receive federal funds for career, occupational, or technical education.
Referred to the Committee on Education.
HB 586. By Representative Richardson of the 52nd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for reduced ad valorem tax liability when real property is acquired by the state or political subdivisions thereof, and provide for returns and refunds relating thereto.
Referred to the Committee on Ways & Means.
HB 587. By Representatives Walker of the 115th, Groover of the 99th and Mangum of the 57th:
A bill to amend Chapter 11 of Title 50 of the Official Code of Georgia Annotated, relating to the State Library and librarian, Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education with respect to library activities, and Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to revise provisions relating to state publications and librarians.
Referred to the Committee on Education.
512
JOURNAL OF THE HOUSE,
HB 588. By Representatives Thompson of the 20th and Simpson of the 70th:
A bill to amend Code Section 17-10-4 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors of a high and aggravated nature, so as to change the maximum fine.
Referred to the Committee on Special Judiciary.
HB 589. By Representatives Simpson of the 70th and Thompson of the 20th:
A bill to amend Code Section 5-7-1 of the Official Code of Georgia Annotated, relating to which orders and judgments are appealable in criminal cases, so as to change certain provisions relating to the appealability of motions to suppress and provide for the appealability of motions in limine.
Referred to the Committee on Judiciary.
HB 590. By Representatives Thompson of the 20th and Simpson of the 70th:
A bill to amend Code Section 17-6-2 of the Official Code of Georgia Annotated, relating to acceptance of bail in misdemeanor cases generally, so as to provide for the acceptance of chauffeur's or driver's licenses and acknowledgments and agreements relating thereto in lieu of bail in certain misdemeanor cases and provide for conditions and procedures relating thereto.
Referred to the Committee on Judiciary.
HB 593. By Representatives Bannister of the 62nd, Goodwin of the 63rd, Wall of the 61st, Barnett of the 59th and Breedlove of the 60th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change certain provisions relating to the exemption of peace officers from certain prohibitions regarding the carrying of certain weapons and firearms.
Referred to the Committee on Public Safety.
HB 594. By Representative Thompson of the 20th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the sales and use tax, so as to clarify a certain exemption relating to sales of certain property for export.
Referred to the Committee on Ways & Means.
HB 595. By Representatives Isakson of the 21st, Lawson of the 9th, Orr of the 9th, Jackson of the 9th and Dobbs of the 74th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize the judge of the juvenile court to appoint a director of guardian ad litem services; to provide for the responsibilities of the office; to authorize the county governing authority to use the proceeds of fines received from juvenile traffic offenses to fund the provision of guardian ad litem services.
Referred to the Committee on Judiciary.
THURSDAY, FEBRUARY 2, 1989
513
HB 596. By Representative Holmes of the 28th:
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 and former employees of county departments of family and children services of counties of this state shall have the option to obtain creditable service under the Employees' Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 597. By Representatives Childers of the 15th, Adams of the 79th, Buck of the 95th, Pinkston of the 100th, Robinson of the 96th and others:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to strike and reenact Article 2A thereof, relating to hospital care for pregnant women, so as to change the provisions relating to legislative intent, findings, and purposes; to change certain terms; to change the provisions relating to definitions.
Referred to the Committee on Health & Ecology.
HB 598. By Representatives Floyd of the 154th, Porter of the 119th and Smith of the 78th:
A bill to amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to the appointment, compensation, and removal of juvenile court personnel, so as to provide that the clerk of superior court shall serve as clerk of the juvenile court unless the General Assembly provides by local law for some other person to serve as clerk of the juvenile court.
Referred to the Committee on Judiciary.
HB 599. By Representatives Floyd of the 154th, Porter of the 119th and Smith of the 78th:
A bill to amend Code Section 15-12-81 of the Official Code of Georgia Annotated, relating to notice of upcoming appointment by the grand jury, so as to provide that any board, authority, or entity whose members are elected, selected, or appointed by the grand jury of a county shall notify the clerk of superior court of the upcoming appointment.
Referred to the Committee on Judiciary.
HB 600. By Representative Byrd of the 153rd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and low-voltage contractors, so as to define the term "conditioned air subcontractor"; to provide that conditioned air subcontractors are not required to be licensed as conditioned air contractors under certain conditions.
Referred to the Committee on Industry.
514
JOURNAL OF THE HOUSE,
HB 601. By Representative McDonald of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regulations; to provide for proof of birth date.
Referred to the Committee on Motor Vehicles.
HR 196. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A resolution urging the Department of Medical Assistance to take certain actions to control Medicaid drug expenditures.
Referred to the Committee on Health & Ecology.
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 602. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change the term of office of the mayor.
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 547 HB 548 HB 549 HB 550 HB 551 HB 552 HB 553
HB 556 HB 557 U HD B 5-.5n8
HHBB 555690 HB 561 HB 562 HB 563 HB 564 HB 565 HB 566 HB 568
HB 569 HB 570 HB 580 HB 585 HB 591 HB 592 HR 189
HR
b QtRi
4_t0)
SB 1lt5>99 ^B 165 ^B 169 SB 171 SR 35 SR 36 SR 39 SR 42
Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
THURSDAY, FEBRUARY 2, 1989
515
Your Committee on Banks & Banking has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 315 Do Pass HB 316 Do Pass
Respectfully submitted, /s/ Pinkston of the 100th
Chairman
Representative Lord of the 107th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 71 Do Pass
Respectfully submitted, /s/ Lord of the 107th
Chairman
Representative Holmes of the 28th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 234 Do Pass, by Substitute HB 254 Do Pass, by Substitute HB 346 Do Pass
HB 401 Do Pass HB 405 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Chiiders of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 4 Do Pass HB 51 Do Pass, by Substitute HB 209 Do Pass, by Substitute
HB 331 Do Pass HB 470 Do Pass
Respectfully submitted, /s/ Chiiders of the 15th
Chairman
516
JOURNAL OF THE HOUSE,
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 207 Do Pass HB 358 Do Pass
Respectfully submitted, 1st Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 257 Do Pass HB 258 Do Pass HB 259 Do Pass HB 524 Do Pass, as Amended
HB 525 Do Pass HB 545 Do Pass HB 546 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 238 Do Pass, by Substitute HB 430 Do Pass
SB 85 Do Pass SB 122 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
THURSDAY, FEBRUARY 2, 1989
517
HB 463 Do Pass HB 269 Do Pass HB 67 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 101st
Chairman
Representative Lane of the 27th 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 454 Do Pass HB 512 Do Pass HB 523 Do Pass
HB 528 Do Pass HB 536 Do Pass HB 530 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 45 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 454. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act incorporating the City of Toccoa, so as to change the provisions relating to the election and taking of office of the city commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 512. By Representative Reaves of the 147th:
A bill to amend an Act creating the board of county commissioners of Brooks County, so as to change the compensation of the chairman and the members of the board of county commissioners.
518
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 523. By Representatives Dixon of the 151st and Smith of the 152nd: 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 528. 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 amount of expenses to be received by the coroner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 536. By Representative Connell of the 87th: A bill to amend an Act creating the Augusta Ports Authority, so as to change the definition of the term "project"; to change the provisions relating to powers of the authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bill of the House was taken up for consideration and read the third time:
HB 530. By Representative Moultrie of the 93rd: A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Shiloh for certain individuals.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Y Aiken Alford
Y Alien
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B
THURSDAY, FEBRUARY 2, 1989
519
Y Barnett.M Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance
Cheeks Y Childers
Clark.B Y Clark.H
Y Clark.L Colbert
Y Coleman Y Colwell Y Connell
Couch
Cox
Y Crawford Y Crosby
Cummings,B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Dobbs
Y Dover
Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover
Hamilton Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B McKinney.C
Y Meadows Milam
Y Mobley Moody
Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinkston Poag Y Porter
Y Poston Y Powell Y Rainey Y Randall Y Ransom
Ray Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,P
Smith.T Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
HB 294. By Representative Yeargin of the 14th:
A bill to amend an Act creating and incorporating the City of Comer, so as to change the provisions regarding vacancies; to change the description of council districts; to change the provisions regarding the election and terms of the mayor and councilpersons.
HB 295. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide for the number of members and for the election of members of the Board of Education of Lowndes County; to provide for education districts; to provide the manner of electing members of said board; to provide for filling vacancies.
HB 297. By Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lowndes County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
520
JOURNAL OF THE HOUSE,
HB 304. By Representative Harris of the 84th:
A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change the provisions relating to the compensation and expense allowance of members of the board.
HB 305. By Representative Harris of the 84th:
A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to change the annual salary of the coroner of McDuffie County.
HB 326. By Representatives Poston of the 2nd and Poag of the 3rd:
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 and the clerk of the superior court.
HB 327. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
HB 410. By Representative Carter of the 146th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Cook County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
SB 14. By Senators Shumake of the 39th and Tate of the 38th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline in public schools, so as to prohibit students from carrying electronic communication devices while in school; to provide for exceptions.
SB 101. By Senator Garner of the 30th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to provide that the State School Superintendent shall be a member of the council.
SB 132. By Senator Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the election and term of office of said judge; to provide for the powers, duties, jurisdiction, and compensation of said judge.
THURSDAY, FEBRUARY 2, 1989
521
SB 140. By Senators Barnes of the 33rd, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors.
SB 142. By Senators Turner of the 8th, Bowen of the 13th and Ragan of the 10th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fourth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.
SB 167. By Senators Kennedy of the 4th and Hammill of the 3rd:
A bill to add one additional judge of the Superior Court for the Atlantic 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 for an effective date.
HB 92. By Representatives Thomas of the 69th, Groover of the 99th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 16-9-60 of the Official Code of Georgia Annotated, relating to foreclosure fraud, so as to change an incorrect reference within the Code section.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 14. By Senators Shumake of the 39th and Tate of the 38th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline in public schools, so as to prohibit students from carrying electronic communication devices while in school; to provide for exceptions.
Referred to the Committee on Education.
522
JOURNAL OF THE HOUSE,
SB 101. By Senator Garner of the 30th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to provide that the State School Superintendent shall be a member of the council.
Referred to the Committee on Public Safety.
SB 132. By Senator Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the election and term of office of said judge; to provide for the powers, duties, jurisdiction, and compensation of said judge.
Referred to the Committee on Judiciary.
SB 140. By Senators Barnes of the 33rd, Dawkins of the 45th, Tysinger of the 41st and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of utility contracting; to provide for legislative purpose; to change and add certain definitions; to provide for an additional Division of Utility Contractors.
Referred to the Committee on Industry.
SB 142. By Senators Turner of the 8th, Bowen of the 13th and Ragan of the 10th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fourth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge.
Referred to the Committee on Judiciary.
SB 167. By Senators Kennedy of the 4th and Hammill of the 3rd:
A bill to add one additional judge of the Superior Court for the Atlantic 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 for an effective date.
Referred to the Committee on Judiciary.
Representative Pettit of the 19th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 299. By Representatives Richardson of the 52nd, Aaron of the 56th, Oliver of the 53rd, Hasty of the 8th, Williams of the 48th and others:
A bill to amend COde Section 16-6-3 of the Official Code of Georgia Annotated, relating to statutory rape, so as to abolish the requirement that the testimony of the victim be corroborated.
THURSDAY, FEBRUARY 2, 1989
523
On the motion, the roll call was ordered and the vote was as follows:
N Aaron N Abernathy Y Adams N Aiken
Alford N Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom N Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M N Beck Y Benefield
Benn Birdsong N Bishop Y Bostick Y Branch Y Breedlove N Brooks Brown YBuck Y Buford Byrd N Carrell Y Carter Y Chambless N Chance
Cheeks N Childers N Clark.B
Y Clark.H N Clark.L
Colbert Y Coleman
Colwell N Connell
Couch Cox N Crawford
Crosby Y Cummings.B N Cummings.M Y Davis.C Y Davis,G Y Davis.M Y Dixon.H N Dixon.S
Dobbs Dover N Dunn Edwards
Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Greene N Gresham Y Griffin
Groover Hamilton Manner Y Harris
N Hasty Y Heard N Herbert Y Holcomb Y Holland N Holmes Y Hooks Y Howren N Hudson N Irwin N Isakson N Jackson,J
Jackson.W Jamieson Y Jenkins Johnson
N Jones Kilgore Kingston
N Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee N Under NLong
YLord Lucas
Y Lupton
Y Mangum N Martin N McCoy
McDonald N McKelvey N McKinney.B
On the motion, the ayes were 76, nays 62. The motion prevailed.
Y McKinney.C Y Meadows N Milam
N Mobley Moody
Y Moore Y Morton N Moultrie
Mueller Y Oliver.C N Oliver.M NOrr N Orrock N Padgett Y Pannell
Y Parham Y Parrish
Y Patten Y Pettit
Pinks ton
Poag Y Porter Y Poston Y Powell N Rainey N Randall Y Ransom
Ray Y Reaves N Redding N Richardson Y Ricketson Y Robinson
N Royal N Selman N Simpson
N Sinkfield Y Smith.L N Smith.P
Smith.T Smith, W Y Smyre N Snow Stancil.F N Stancil.S N Stanley Y Steele Y Stephens N Teper Y Thomas.C N Thomas.M
Y Thompson Y Thurmond Y Titus N Tolbert
Townsend Twiggs Y Vaughan N Waddle Walker.C N Walker.L N Wall Ware
Watson N Watts Y White
Wilder N Williams.B N Williams,J Y Yates
Yeargin
Murphy.Spkr
Representatives Davis of the 29th and McKinney of the 40th stated that they inadver-
tently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.
The following Resolution of the House was read and adopted:
HR 205. By Representatives Buck of the 95th, Murphy of the 18th, Lee of the 72nd, Walker of the 115th, Connell of the 87th and others:
A resolution commending Honorable James Crawford Ware on the occasion of his birthday.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 350. By Representative Alien of the 127th:
A bill to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions affecting the laws and government of the state, so as to authorize the board of directors of certain authorities to change the name and style under which their authorities operate.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
524
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell Y Connell
Couch Cox Crawford Y Crosby
Y Cummings,B Y Cummings.M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson, W Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinks ton YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson
Y Sinkfield Smith.L
Y Smith,? Smith.T Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 412. By Representatives Murphy of the 18th, Watts of the 41st and Cummings of the 17th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms for the Superior Courts of the Tallapoosa Judicial Circuit.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Y Barnett.B
Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chamblesi Y Chance Y Cheeks
Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert Coleman Y Colwell
Y Connell
Couch Cox Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart
Felton Y Fennel
Floyd Y Foster
Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
THURSDAY, FEBRUARY 2, 1989
Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin
Isakson
Y Jackson,J Jackson.W Jamieson
Y Jenkins Y Johnson Y Jones
Y Kilgore Kingston
Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
McKinney.C
Y Meadows Y Milam
Y Mobley Y Moody Y Moore
Y Morton
Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell Y Rainey
Y Randall Y Ransom
Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman
Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Waddle Walker.C Y Walker.L Y Wall Ware
Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Kingston of the 125th 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 161. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commission, so as to increase the compensation of the commissioners.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commission, so as to increase the compensation of the commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commission, is amended by striking in its entirety subsection (g), which reads as follows:
"(g) Public commissioners shall receive as compensation for their services a per diem of $44.00 plus actual expenses incurred for each day's service or portion thereof spent in the performance of their duties under this part; provided, however, that per diem compensation shall be limited to 12 days during any fiscal year for public commissioners other than the chairman and the vice-chairman and 18 days during any fiscal year for public commissioners who are serving as chairman or as vice-chairman of the commission. Public commissioners are authorized to travel outside the state when required to do so in the performance of their duties under this part and to attend meetings sponsored or conducted by the United States or by an association of state agencies, authorities, or commissions whose duties are comparable to the duties of the commission when their attendance at or participation in such meetings will likely be of value and benefit
526
JOURNAL OF THE HOUSE,
to the commission and to the board of commissioners in the performance of their duties under this part. Members of the commission who are state officials shall not be paid a per diem but shall be reimbursed for actual expenses incurred by them in the performance of their duties under this part.", and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) Public commissioners shall receive the sum provided by Code Section 45-7-21 for each day of actual attendance at meetings of the commission or for each day of travel, within or outside the state, as a member of the commission, which travel has been authorized by the chairman or by action of the commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile to and from the place of meeting. No member of the commission shall be authorized to receive the sums, expenses, and costs provided by this subsection for more than 18 days per year. Members of the commission who are state officials shall not be paid a per diem but shall be reimbursed for actual expenses incurred by them in the performance of their duties under this part."
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Y Buck Y Buford Byrd Y Carrell Y Carter Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell Y Connell
Couch Cox Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder YLong Lord Lucas Y Lupton Y Mangum Martin Y McCoy Y McDonald Y McKelvey McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morion Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
THURSDAY, FEBRUARY 2, 1989
527
HR 34. By Representatives Beck of the 148th, Patten of the 149th, Reaves of the 147th and Thomas of the 69th:
A resolution requesting the Board of Regents of the University System of Georgia to consider a program of free tuition for faculty children.
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 Abernathy Y Adams Y Aiken Y Alfotd Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot N Bargeron
Barnett.B N Barnett,M YBeck Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Branch
N Breedlove Brooks Brown
Y Buck Y Buford YByrd
Carrell N Carter Y Chambless
Y Chance Y Cheeks N Childers
N Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Couch Cox Crawford Y Crosby Y Cummings.B Y Cummings.M Davis.C Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
N Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins Johnson N Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald N McKelvey
McKinney.B
McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Moore N Morton Y Moultrie N Mueller N Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield N Smith,L Y Smith.P
Smith.T Smith.W
Smyre YSnow Y Stancil.F
N Stancil.S Y Stanley N Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs N Vaughan Y Waddle
Walker.C Y Walker.L N Wall Y Ware
Watson Y Watts
Y White Y Wilder Y Williams.B Y Williams.J N Yates Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 130, nays 20. The Resolution, having received the requisite constitutional majority, was adopted.
HB 221. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each member of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each member of the State
528
JOURNAL OF THE HOUSE,
Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district; to provide procedures, requirements, and 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 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, is amended by adding immediately following Code Section 20-2-5 a new Code Section 20-2-5.1 to read as follows:
"20-2-5.1. (a) Each member of the State Board of Education shall hold one or more public hearings annually in the respective congressional district from which the member was appointed. The purpose of the public hearing shall be to hear testimony from interested citizens and educators within the congressional district regarding the performance and problems of public education within the congressional district. The public hearing will be held in an appropriate public building located within the respective congressional district. Each board member shall attempt to hold the public hearings at locations throughout such member's respective congressional district. The public hearing will begin at 7:00 P.M. if held on Monday through Friday or at 10:00 A.M. if held on Saturday. No public hearing required by this Code section shall be held on Sunday.
(b) A member of the State Board of Education holding a public hearing required by this Code section shall:
(1) Cause a notice of the date, time, place, and purpose of the public hearing to be published in the official legal organ of each county wholly or partially within the congressional district at least once during each of two consecutive weeks immediately preceding the week during which the hearing is held;
(2) Issue a press release to the print and broadcast media serving the congressional district announcing the date, time, place, and purpose of the public hearing; and
(3) Take such other action as may be necessary to bring the public hearing to the attention of the public and to encourage public attendance at and participation in the public hearing. (c) A member of the State Board of Education shall constitute a committee of one for the purpose of holding a public hearing required by this Code section and, in connection therewith, shall be entitled to receive the per diem and expenses provided for by Code Section 20-2-9. (d) The costs incurred in holding public hearings required by this Code section shall come from funds appropriated or available to the State Department of Education."
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 Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins N Bailey Y Baker N Balkcom
N Bannister
N Barfoot
Y Bargeron Y Barnett.B
N Barnett.M N Beck
N Benefield Y Benn N Birdsong Y Bishop Y Bostick N Branch Y Breedlove Y Brooks
Brown
N Buck
N Buford
N Byrd N Carrell
Y Carter N Chambless
N Chance N Cheeks Y Childers Y Clark.B N Clark.H N Clark.L
Colbert Coleman Colwell
Y Connell
Couch
Cox N Crawford
Y Crosby Y Cummings,B
Y Cummings.M N Davis.C Y Davis.G Y Davis.M Y Dixon.H N Dixon.S Y Dobbs
Dover N Dunn
Y Edwards
N Ehrhart
Y Felton N Fennel
N Floyd Y Foster
N Godbee Y Goodwin N Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Hanner
Y Harris
N Hasty
N Heard N Herbert
THURSDAY, FEBRUARY 2, 1989
529
N Holcomb Y Holland Y Holmes N Hooks N Howren Y Hudson N Irwin Y Isakson Y Jackson,J
Jackson.W
Jamieson N Jenkins Y Johnson N Jones Y Kilgore Y Kingston
Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson
NLee Y Linder N Long NLord
Lucas Y Lupton
Mangum N Martin N McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C N Meadows N Milam N Mobley
N Moody N Moore Y Morton Y Moultrie N Mueller
N Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Pannell N Parham N Parrish
N Patten Pettit
N Pinkston YPoag Y Porter N Poston N Powell Y Rainey Y Randall
N Ransom NRay N Reaves Y Redding
Y Richardson N Ricketson N Robinson N Royal
N Selman Y Simpson
Y Sinkfield N Smith.L N Smith,?
Smith.T Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Stanley
N Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond N Titus Y Tolbert Y Townsend Y Twiggs N Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall N Ware Y Watson
Y Watts Y White
Wilder Y Williams.B Y Williams,J
N Yates N Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 86, nays 70.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.
Representative Redding of the 50th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 221.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Appropriations:
HB 141. By Representative Connell of the 87th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for additional steps on the salary schedule for secretaries of judges of the superior courts; to provide that these increases will be designated as L steps and may be granted not more often than every two years.
Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 280. By Representative Thompson of the 20th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones.
The following amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 280 as follows: Page 1^ Line 20 after the word "headphone" insert: "for communication purposes only" Continue with language "while operating a motorcycle."
530
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:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister v Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn Birdsong Y Bishop Bostick Y Branch Y Breedlove Y Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers Clark.B
Y Clark.H Clark.L Colbert
Y Coleman Y Colwell Y Connell
Couch Cox Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton N Fennel Y Floyd Y Foster N Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Manner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D N Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Lucas Y Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver.M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Smith.L
Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 143, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 19. By Senator Allgood of the 22nd:
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 for cumulative voting of shares in certain family controlled corporations; to provide definitions; to provide exceptions; to prevent adoption of and invalidate certain corporate actions in conflict with the foregoing.
The following Committee substitute was read:
A BILL
To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," as enacted by an Act approved April 7, 1988 (Ga. L. 1988, p. 1070), so as to provide for cumulative voting of shares in certain family controlled corporations; to provide definitions; to provide exceptions; to prevent adoption of and invalidate certain corporate actions in conflict with the foregoing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
THURSDAY, FEBRUARY 2, 1989
531
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the "Georgia Business Corporation Code," as enacted by an Act approved April 7, 1988 (Ga. L. 1988, p. 1070), is amended by striking Code Section 14-2-728, relating to voting for directors, and inserting in its place a new Code section to read as follows:
"14-2-728. (a) Unless otherwise provided in the articles of incorporation or as otherwise provided in subsection (d) of this Code section, directors are elected by a plurality of the votes cast by the shares entitled to vote in the election at a meeting at which a quorum is present.
(b) Shareholders do not have a right to cumulate their votes for directors unless the articles of incorporation so provide or unless otherwise provided in subsection (d) of this Code section.
(c) A statement included in the articles of incorporation that all or a designated voting group of shareholders are entitled to cumulate their votes for directors (or words of similar import) means that the shareholders designated are entitled to multiply the number of votes they are entitled to cast by the number of directors for whom they are entitled to vote and cast the product for a single candidate or distribute the product among two or more candidates.
(d) (1) As used in this subsection, the term 'family controlled corporation' means a corporation for profit in which the shares are not listed on a national securities exchange or not generally traded in the markets maintained by securities dealers or brokers and at least a majority of the outstanding shares of capital stock of which corporation having the power to vote for the election of directors is owned, directly or indirectly, by an individual shareholder or a combination of individual shareholders who are family members as defined in this subsection. The term 'family members' of an individual shareholder as used in this subsection includes only his or her brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants. Stock owned, directly or indirectly, by or for a corporation, partnership, estate, or trust shall be considered as being owned proportionally by its shareholders, partners, or beneficiaries. Stock constructively owned by a person by reason of the previous sentence shall be treated as directly owned by such person in order to make another person the constructive owner of such stock. 'Family controlled corporation' does not include any of the following corporations regulated under the laws of this
state: (A) Banks and bank holding companies; (B) Canal and navigation companies; (C) Credit unions; (D) Express companies; (E) Insurance companies; (F) Railroads; (G) Telegraph companies; or (H) Trust companies.
(2) (A) The articles of incorporation of' a family controlled corporation shall be considered to provide for the right of all shareholders to cumulate their votes for directors even if such articles of incorporation do not so provide, unless all the shareholders of the corporation have agreed to the contrary in a unanimous voting agreement signed on or after July 1^ 1989, in conformity with the requirements of Code Section 14-2-731.
(B) In the case of a family controlled corporation the articles of incorporation of which do not contain a statement providing for cumulative voting meeting the requirements of subsection (c) of this Code section, the shareholders shall not have
the right to cumulative voting at a particular meeting unless an individual shareholder or a combination of individual shareholders who are family members as
defined in this subsection and who own, directly or indirectly, 25 percent or more of the shares of such corporation which are owned, directly or indirectly, by all family members of such individual shareholders and which are entitled to vote for
the election of directors give notice of their intention to vote cumulatively as
532
JOURNAL OF THE HOUSE,
required in subsection (e) of this Code section. For purposes of the preceding sentence only, an individual shareholder shall not be considered to constructively own the shares of such family controlled corporation directly owned, or treated as being directly owned, by a brother or sister of such shareholder. (3) Where 25 percent of the family member shareholders of a family controlled corporation give notice of their intent to cumulate their votes in any meeting of shareholders to elect directors, then the articles of incorporation of such corporation shall continue to be considered to provide for the right of cumulative voting so long as the family members, or the lineal descendants of such family members, continue to own, directly or indirectly, at least a majority of the shares of such corporation and the requirements of subparagraph (B) of paragraph (2) of this subsection are met at a meeting of shareholders to elect directors. (4) Shareholders who are parties to a voting agreement which was signed prior to July 1+ 1989, and which would be enforceable as provided in subsection (b) of Code Section 14-2-731 shall continue to be bound by the provisions of such voting agreement. {4} (e) Shares otherwise entitled to vote cumulatively may not be voted cumulatively at a particular meeting unless: (1) The meeting notice or proxy statement accompanying the notice states that cumulative voting will be in effect; or (2) A shareholder who has the right to cumulate his votes gives notice to the corporation not less than 48 hours before the time set for the meeting of his intent to cumulate his votes during the meeting, and if one shareholder gives this notice all other shareholders in the same voting group participating in the election are entitled to cumulate their votes without giving further notice."
Section 2. Said chapter is further amended by adding at the end of Code Section 14-2-806, relating to staggered terms for directors, a new subsection (c) to read as follows:
"(c) In the case of a corporation having cumulative voting: (1) Any amendment of the bylaws providing for staggered terms for directors must
be adopted by the shareholders; and (2) No amendment of either the articles of incorporation or the bylaws providing
for staggered terms for directors shall be effective when the number of shares voting against the proposal for staggered terms would be sufficient to elect a director if voted cumulatively at an annual election."
Section 3. Any amendment of the articles of incorporation or the bylaws of a "family controlled corporation," as that term is defined in Section 1 of this Act, which decreases the number or minimum number of directors of such corporation or which provides for staggered terms for directors, and which is adopted after April 7, 1988, and before July 1, 1989, shall not be effective after June 30, 1989, unless such amendment was approved by the shareholders and the number of shares voting against the amendment would not have been sufficient to elect a director if voted cumulatively at an annual election.
Section 4. This Act shall become effective July 1, 1989.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Chambless of the 133rd moves to amend the Committee substitute to SB 19 as follows:
By deleting the period following "1989" on page 6 line 10 and adding the following:
", and shall affect only corporations organized after that date."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 2, 1989
533
N Aaron N Abernathy
Adams Y Aiken Y Alford N Alien N Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Beck Y Benefield NBenn N Birdsong N Bishop Y Bostick
Y Branch N Breedlove N Brooks
Brown YBuck N Buford
YByrd N Carrell
Y Carter Y Chambless
Y Chance Y Cheeks
N Childers N Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman
N Colwell Connell Couch Cox
N Crawford Y Crosby
Y Cummings.B N Cummings.M N Davis.C N Davis,G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Ehrhart
N Felton N Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham N Griffin
Groover N Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland N Holmes Y Hooks N Howren Y Hudson N Irwin
Y Isakson Y Jackson,J
Jackson, W Jamieson Y Jenkins N Johnson
N Jones Y Kilgore Y Kingston N Lane.D N Lane.R N Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
N Lucas Y Lupton N Mangum N Martin
N McCoy McDonald
Y McKelvey N McKinney.B
N McKinney.C Y Meadows N Milam Y Mobley N Moody Y Moore Y Morton N Moultrie
Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock
Y Padgett N Pannell Y Parham Y Parrish
Y Patten N Pettit Y Pinkston
YPoag Y Porter
Y Poston Y Powell Y Rainey N Randall Y Ransom NRay Y Reaves N Redding N Richardson
Ricketson Y Robinson Y Royal
Y Selman Simpson
On the adoption of the amendment the ayes were 93, nays 63. The amendment was adopted.
N Sinkfield Y Smith.L Y Smith.P
Smith.T
N Smith,W YSmyre Y Snow Y Stancil.F Y Stancil.S N Stanley
Steele N Stephens Y Teper Y Thomas.C N Thomas.M Y Thompson
Thurmond Y Titus N Tolbert Y Townsend N Twiggs N Vaughan
N Waddle N Walker.C
Walker.L N Wall N Ware Y Watson
Y Watts N White Y Wilder N Williams.B N Williams,J N Yates
N Yeargin Murphy.Spkr
The following amendment was read and lost:
Representative Kingston of the 125th moves to amend the Committee substitute to SB 19 as follows:
Adding on page 3, line 11:
(I) Department Stores.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
N Aaron Y Abernathy N Adams N Aiken
N Alford Y Alien N Athon N Atkins N Bailey
Baker
N Balkcom N Bannister
N Barfoot N Bargeron N Barnett.B N Barnett.M
YBeck N Benefield YBenn
N Birdsong Y Bishop
Y Bostick N Branch N Breedlove
Y Brooks Brown
YBuck N Buford
Byrd N Carrell N Carter N Chambles N Chance N Cheeks Y Childers Y Clark.B
N Clark.H N Clark.L
Colbert N Coleman Y Colwell N Connell
Couch Cox Y Crawford N Crosby N Cummings,B Y Cummings.M
N Davis.C Y Davis.G Y Davis.M N Dixon.H
N Dixon.S N Dobbs N Dover YDunn
Edwards Y Ehrhart N Felton N Fennel
534
JOURNAL OF THE HOUSE,
N Floyd N Foster N Godbee N Goodwin N Green N Greene N Gresham N Griffin
Groover N Hamilton N Hanner N Harris Y Hasty
N Heard N Herbert Y Holcomb N Holland Y Holmes N Hooks N Howren N Hudson N Irwin
Y Isakson N Jackson,J
Jackson.W Jamieson N Jenkins Y Johnson N Jones N Kilgore N Kingston
N Lane.D N Lane.R Y Langford N Lawrence N Lawson NLee N Linder N Long NLord Y Lucas N Lupton N Mangum Y Martin
N McCoy McDonald
N McKelvey Y McKinney.B
Y McKinney.C N Meadows N Milam N Mobley N Moody N Moore N Morton
N Moultrie Mueller
N Oliver.C N Oliver.M NOrr Y Orrock
N Padgett Y Pannell N Parham N Parrish N Patten Y Pettit N Pinkston NPoag N Porter N Poston N Powell
N Rainey Y Randall N Ransom YRay N Reaves Y Redding Y Richardson N Ricketson N Robinson
N Royal Y Selman
Simpson Y Sinkfield
N Smith.L N Smith,P
Smith.T
N Smith,W YSmyre N Snow
N Stancil.F Y Stancil.S
Y Stanley N Steele Y Stephens
Y Teper N Thomas.C Y Thomas.M N Thompson
Thurmond N Titus Y Tolbert N Townsend Y Twiggs N Vaughan N Waddle
Walker.C Walker.L N Wall Y Ware N Watson N Watts Y White N Wilder Y Williams,B Y Williams,J N Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 49, nays 113.
The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.
Representative Randall of the 101st 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 19.
The Speaker Pro Tem assumed the Chair.
HB 185. By Representative Randall of the 101st:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that licenses of certain persons shall be returned upon the acceptance of a plea and payment of the imposed fine.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, so as to provide that certain license suspensions shall be deleted upon the acceptance of a plea and entry of a court order; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that^ where the license suspension of a person who refused to submit to a test or tests provided in Code Section 40-5-55, but who subseqently enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be deleted upon the acceptance of such plea and a court order authorizing such deletion. If a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been
THURSDAY, FEBRUARY 2, 1989
535
charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months."
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 Abernathy Adams
Y Aiken N Alford Y Alien Y Athon
Atkins Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M YBeck N Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks 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
Colbert Y Coleman N Colwell
Connell Couch Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson Lee Y Linder Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Mueller Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Ricketson Y Robinson Royal Y Selman Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend N Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder N Williams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 141, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 50. By Representatives Rainey of the 135th and Moody of the 153rd:
A bill to amend Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials and permits therefor, so as to change the provisions relating to the requirement that participants have hunting licenses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
536
JOURNAL OF THE HOUSE,
Y Barnett.M YBeck
Y Benefield
YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Clark.B Y Clark.H Y Clark.L Colbert Y Coleman Y Colwell Connell Couch
Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Holmes
Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson
Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Y Poston Y Powell
Y Rainey Y Randall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield
Y Smith,L Y Smith.P
Smith.T Y Smith,W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele
Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 492. By Representatives Benn of the 38th, Jackson of the 9th, Cummings of the 17th, Martin of the 26th, Hasty of the 8th and others:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of notice; to provide for maximum removal and storage fees; to provide for a lien for such fees.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of notice; to provide for maximum removal and storage fees; to provide for a lien for such fees; to provide for the removal of vehicles or personal property from private real property and vacant lots in municipalities with populations of 100,000 or more; to provide for a civil cause of action for persons injured by reason of violation of this Act; to provide for damages and penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, is amended by striking said Code section which reads as follows:
"44-1-13. Any person entitled to the possession of any parcel or space of real property shall have the right to remove or cause to be removed from the property any vehicle
THURSDAY, FEBRUARY 2, 1989
537
which is parked thereon and which is not authorized to be parked at the place where it is found and to store or cause to be stored such vehicle at the expense of its owner, provided that there shall have been conspicuously posted on the real property notice that any vehicle parked thereon which is not authorized to be parked at the place where it is found may be removed at the expense of the owner of the vehicle along with information as to where the vehicle can be recovered. The person removing and storing the vehicle shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363. Provided, however, that in all municipalities, except a consolidated city-county government, having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census and whenever such parcel or space of real property is devoted to any use other than as an off-street interior parking facility which contains assigned parking spaces reserved for occupants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from public ways is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access thereto or if there is conspicuously posted at the entrance on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered and cost.", in its entirety and inserting in lieu thereof a new Code Section 44-1-13 to read as follows:
"44-1-13. (a) Any person entitled to the possession of any parcel or space of private real property shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property along with information as to where the vehicle or trespassing personal property can be recovered.
(b) Only towing and storage firms issued permits by the Public Service Commission pursuant to Title 46 of the Official Code of Georgia Annotated, licensed by the local governing authority of the jurisdiction in which they operate, and having a secure impoundment lot shall be permitted to remove vehicles and trespassing personal prop-
erty from private real property at the request of a person in possession of such private real property made pursuant to subsection (a) of this Code section. The person or firm
removing and storing any such vehicle or trespassing personal property shall have a lien
against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363.
(c) In all municipalities, except a consolidated city-county government, having a population of 100,000 or more according to the United States decennial census of 1970
or any future such census a person entitled to the possession of an off-street parking area or vacant lot within an area zoned commercial by the municipality shall have the
right to remove any vehicle or trespassing personal property parked thereon after the regular activity on such property is concluded for the day only if access to such property
from the public way is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access to the off-street
parking area or vacant lot and there is conspicuously posted in the area a notice, the location of which must be approved by the municipality's police department, that any
vehicle or trespassing personal property parked thereon which is not authorized to be in such area may be removed at the expense of the owner along with information as to
where the vehicle or trespassing personal property may be recovered, the cost of said recovery, and information regarding the form of payment.
538
JOURNAL OF THE HOUSE,
(d) The governing authority of each municipality having towing and storage firms operating within its territorial boundaries may issue a license to engage in private trespass towing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The fee for the license shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility ratemaking procedures, and shall be established annually by the governing authority of each municipality having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period running from the time the vehicle is removed from the property and no such fees shall be allowed for the removal and storage of vehicles in violation of this Code section.
(e) Any person who suffers injury or damages as a result of a violation of this Code section may bring an action in any court of competent jurisdiction for actual damages, which shall be presumed to be not less than $100.00, together with court costs. A court shall award three times actual damages for an intentional violation of this Code section.
(f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with any person in possession of private real property to provide automatic or systematic surveillance of such property for purposes of removal and relocation of any such vehicle or trespassing personal property except upon call by such person in possession of such private real property to such towing and storage firm for each individual case of trespass; provided, further, that it shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm to pay to any private real property owner or one in possession of private real property any fee or emolument, directly or indirectly, for the right to remove a vehicle or trespassing personal property from said private real property."
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 Abernathy
Y Adams Y Aiken Y Alford
Y Alien Y Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y 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
Colbert Y Coleman Y Colwell
Connell
Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G
Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
THURSDAY, FEBRUARY 2, 1989
539
Y Poston
Y Powell Y Rainey Y Randall Y Ransom Y Ray Y Reaves
Y Redding Y Richardson Y Ricketson
Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith,W
Smyre
Y Snow
Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Y Walker.C Walker.L
Y Wall
Y Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 466. By Representatives Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to authorize the sentencing judge upon request to release a defendant on the defendant's personal recognizance pending the defendant's surrendering voluntarily on a fixed date at a designated correctional institution operated by or under the jurisdiction and supervision of the Department of Corrections.
The following amendments were read and adopted:
Representative Bostick of the 138th moves to amend HB 466 as follows: By striking the words "in writing" on line 22 page 2.
Representative Isakson of the 21st moves to amend HB 466 as follows:
By adding on page 3 a new subparagraph (e) to read as follows:
"(e) The provisions of this Act shall not apply to any defendant convicted of a capital felony."
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
Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck
Y Benefield Y Benn
Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck
Y Buford
Y Byrd N Carrell N Carter Y Chambless Y Chance N Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert
Y Coleman Y Colwell
Connell Couch Cox Y Crawford Y Crosby
Y Cummings.B
Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
N Dunn Edwards
Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard
N Herbert Y Holcomb
Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson, W
Jamieson Y Jenkins Y Johnson Y Jones N Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence
540
JOURNAL OF THE HOUSE,
Y Lawson YLee Y Linder YLong
YLord Y Lucas
Lupton N Mangum Y Martin Y McCoy Y McDonald N McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley
Y Moody Y Moore Y Morton N Moultrie Y Mueiler Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding N Richardson
Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield
Y Smith.L
Y Smith,? Smith.T
Y Smith.W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend N Twiggs Y Vaughan Y Waddle
Walker.C Walker.L
Y Wall Y Ware Y Watson N Watts
White Y Wilder N Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 141, nays 14.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Abernathy of the 39th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative McKinney of the 35th arose to a point of personal privilege and addressed the House.
Representative Randall of the 101st moved that the following Bill of the House be withdrawn from the Committee on Banks and Banking and referred to the Committee on Special Judiciary:
HB 80. By Representatives Brooks of the 34th, Holmes of the 28th, McKinney of the 35th, McKinney of the 40th, Abernathy of the 39th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that no funds of the State of Georgia shall be invested or deposited in any financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa.
On the motion, the roll call was ordered and the vote was as follows:
Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon
N Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Beck Y Benefield Y Benn
Y Birdsong Bishop
Y Bostick Branch Breedlove
Y Brooks Brown
YBuck Y Buford
Byrd Carrell Carter Y Chambless Y Chance Cheeks Y Childers Clark.B N Clark.H Y Clark.L Colbert Coleman Y Colwell Connell
Couch Cox Y Crawford
Crosby Y Cummings.B Y Cummings,M N Davis.C Y Davis.G N Davis.M
Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Edwards N Ehrhart Y Felton Y Fennel Floyd Y Foster
Y Godbee
Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner Harris Y Hasty Heard Y Herbert Y Holcomb
Y Holland Holmes Hooks
N Howren Y Hudson Ylrwin
Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R
Langford N Lawrence Y Lawson
YLee Y Linder YLong
Lord Y Lucas Y Lupton
Mangum
Y Martin
Y McCoy
THURSDAY, FEBRUARY 2, 1989
541
McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows N Milam Y Mobley Y Moody Y Moore N Morton Y Moultrie
Mueller YOliver.C Y Oliver.M Y Orr
Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
Rainey Y Randall
Ransom
Y Ray Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield
Smith.L Y Smith,?
Smith.T N Smith,W Y Smyre
On the motion, the ayes were 115, nays 13. The motion prevailed.
Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
N Vaughan Y Waddle
Walker.C Walker,L Y Wall Y Ware Y Watson Y Watts White Wilder N Williams.B WilliamsJ N Yates Y Yeargin Murphy.Spkr
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 95. By Representative Lane of the 27th:
A bill to amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, so as to provide that it shall be unlawful for the driver of a pickup truck to transport children 14 years of age or less in the rear bed or body of the vehicle on certain public roads in this state.
The following Committee substitute was read:
A BILL
To amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, so as to provide that it shall be unlawful for the driver of a truck to transport children 14 years of age or less in an uncovered rear bed or body of a vehicle on certain public roads in this state; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, is amended by adding a new Part 5 at the end thereof to read as follows:
"Part 5
40-6-360. (a) It shall be unlawful for the driver of a truck to transport children 14 years of age or less in an uncovered rear bed or body of a vehicle while traveling upon the public roads comprising the Interstate and National Defense System of Highways of this state.
(b) Any person violating the provisions of subsection (a) of this Code section shall be punished by a fine not to exceed $200.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Davis of the 45th moves to amend the Committee substitute to HB 95 as follows:
542
JOURNAL OF THE HOUSE,
On line 23, page 1, delete the figure "$200." and insert the figure "$20."
Representative Poston of the 2nd moves to amend the Committee substitute to HB 95 as follows:
On page 1, line 19 strike "National Defense System of Highways".
Representative Lawrence of the 49th moves to amend the Committee substitute to HB 95 as follows:
By adding after Line 20: "Trucks with seats and seatbelts in the rear bed shall be excluded from the provisions of this paragraph.".
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 Abernathy
N Adams N Aiken Y Alford Y Alien N Athon N Atkins Y Bailey Y Baker N Balkcom N Bannister N Barfoot
Bargeron Y Barnett,B
N Barnett.M NBeck N Benefield
Benn N Birdsong
Bishop Y Bostick Y Branch N Breedlove
Brooks Brown Buck N Buford NByrd N Carrell N Carter
N Chambless Y Chance N Cheeks Y Childers N Clark.B
N Clark.H Clark.L Colbert
N Coleman N Colwell
Connell N Couch
Cox N Crawford N Crosby Y Cummings.B Y Cummings,M N Davis.C
Y Davis,G N Davis.M N Dixon.H N Dixon,S Y Dobbs N Dover
NDunn Edwards
N Ehrhart Y Felton N Fennel N Floyd
N Foster N Godbee N Goodwin Y Green N Greene N Gresham N Griffin N Groover Y Hamilton N Hanner Y Harris
N Hasty
Heard Y Herbert Y Holcomb N Holland
Holmes N Hooks
N Howren N Hudson N Irwin
Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson N Jones Y Kilgore Y Kingston Y Lane,D
N Lane.R N Langford Y Lawrence Y Lawson NLee
N Linder NLong NLord N Lucas Y Lupton N Mangum Y Martin Y McCoy Y McDonald Y McKelvey N McKinney,B
Y McKinney.C
N Meadows N Milam N Mobley N Moody N Moore Y Morton N Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett N Pannell N Parham N Parrish N Patten N Pettit
Pinkston NPoag N Porter Y Poston N Powell Y Eainey N Randall Y Ransom YRay N Reaves Y Redding N Richardson N Ricketson Y Robinson N Royal Y Selman N Simpson
N Sinkfield N Smith.L Y Smith,P N Smith.T N Smith.W
Smyre YSnow N Stancil.F N Stancil.S N Stanley N Steele N Stephens Y Teper
N Thomas.C N Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Y Townsend N Twiggs N Vaughan Y Waddle N Walker.C
Walker,L Y Wall
Ware Y Watson
Watts White N Wilder Y Williams.B Y Williams,J N Yates Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 58, nays 96.
The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.
Representative Lane of the 27th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 95.
THURSDAY, FEBRUARY 2, 1989
543
The Speaker Pro Tem announced the House in recess until 1:45 o'clock this afternoon.
544
JOURNAL OF THE HOUSE,
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 recedes from its amendments to the following bill of the House:
HB 1. By Representatives Smyre of the 92nd, Murphy of the 18th, Hooks of the 116th, Lawson of the 9th and Coleman of the 118th: A bill to amend Article 3 of Chapter 13 of Title 48 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, and accomodations, so as to change the rates at which such tax may be levied in certain counties and municipalities at certain times; to change the periods of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities.
The following Resolutions of the House were read and adopted:
HR 206. By Representative Mobley of the 64th: A resolution commending Honorable W. A. Bramlett.
HR 207. By Representative Jones of the 71st: A resolution commending Andrew Blair Craig.
HR 208. By Representative Jones of the 71st: A resolution recognizing J. Milton Coggin.
HR 209. By Representatives Irwin of the 13th, Orrock of the 30th, Lane of the 27th, Mueller of the 126th, McKinney of the 40th and others: A resolution recognizing "National Girls and Women in Sports Day".
HR 210. By Representative Royal of the 144th: A resolution commending Joe Karris, Jr.
HR 211. By Representatives Murphy of the 18th, Lee of the 72nd, Walker of the 115th, Groover of the 99th, Connell of the 87th and Edwards of the 112th: A resolution commending Charlie Fleming.
HR 212. By Representatives Williams of the 48th, Lawrence of the 49th, Isakson of the 21st and Mueller of the 126th: A resolution commending President Ronald Wilson Reagan on his seventyeighth birthday.
THURSDAY, FEBRUARY 2, 1989
545
HR 213. By Representatives Williams of the 48th, Lawrence of the 49th and Isakson of the 21st:
A resolution commending the Georgia College Republicans.
HR 214. By Representative Jones of the 71st: A resolution commending Martin David Craig.
Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 377. By Representative Lawson of the 9th:
A bill to amend Chapter 39 of the Official Code of Georgia Annotated, relating to street improvements, so as to increase the amount of the interest rate on street improvement bonds.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 377 on page 1, line 23 by deleting the number "10" and inserting in lieu thereof the number "7".
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 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 88. By Senators Gillis of the 20th, Echols of the 6th and Kennedy of the 4th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide requirements relative to the harvest and sale of pine straw; to provide for definitions; to provide for findings; to provide for certificates of harvest; to provide that it shall be unlawful to sell or purchase pine straw without certificates of harvest.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 495. By Representatives Thomas of the 69th and Simpson of the 70th:
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 include personal notice in writing by a court official or officer of the court; to amend Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to arraignments and pleas generally, so as to provide that a bench warrant shall be issued for the arrest of a person charged with a crime.
The following amendment was read and adopted:
546
JOURNAL OF THE HOUSE,
The Committee on Judiciary moves to amend HB 495 by striking on lines 12 and 13 of page 1 the following:
"that person's otherwise being personally notified", and inserting in lieu thereof the following:
"otherwise being notified personally". By striking on line 7 of page 2 the following: "the person's otherwise being notified", and inserting in lieu thereof the following: "or otherwise being notified". By striking from line 1 of page 3 the following: "the person's". By striking on lines 11 and 12 of page 5 the following: "the person's otherwise being personally notified", and inserting in lieu thereof the following: "otherwise being notified personally".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 261. By Representatives Waddle of the 113th, Adams of the 79th, Heard of the 43rd, Jones of the 71st and Felton of the 22nd:
A bill to amend part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to authorize businesses to designate additional handicapped parking places for use by nonambulatory permanently handicapped persons; to provide for the marking of such handicapped parking places for the nonambulatory.
The report of the Committee, which was favorable to the passage of 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 Abernathy
Adams Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Barnett.M
YBeck
Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch
Y Breedlove Brooks Brown
YBuck Y Buford
YByrd Y Carrel!
Y Carter Y Chambless
Chance Cheeks Y Childers Y Clark.B Y Clark,H Y Clark.L Colbert Coleman Y Colwell Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings,B
Cumminga.M Y Davis.C
Davis.G Y Davis.M YDixon.H
Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster
Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
THURSDAY, FEBRUARY 2, 1989
547
Y Manner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston Poag Y Porter
Y Poston Y Powell
Rainey Randall Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Watson
Y Watts White
Y Wilder Williams.B Williams,J
Y Yates Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
HB 134. By Representatives Green of the 106th, Ricketson of the 82nd and Parrish of the 109th:
A bill to amend Code Section 27-4-92 of the Official Code of Georgia Annotated, relating to use of fish baskets in commercial fresh-water fishing, so as to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to three baskets per person.
The following amendment was read and adopted:
The Committee on Game, Fish and Parks moves to amend HB 134 by adding in the caption on line 7 of page 1, following the word "fishing" and preceding the semicolon, the following:
"j to lengthen the maximum open season for turkey gobblers".
By striking from line 21 of page 1 the following:
"Section 2.",
and inserting in lieu thereof the following:
"Section 3.".
By inserting between lines 20 and 21 of page 1 the following:
"Section 2. Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, is amended by striking subsection (b) in its entirety and substituting 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:
548
JOURNAL OF THE HOUSE,
Game Species Maximum Open Season
(1) Quail
Nov. 12 i9 March 15
(2) Grouse
Oct. 15 - Feb. 29
(3) Turkey gobblers
March 15 - May 21 6
(4) Deer
Sept. 15 - Jan. 15
(5) Bobcat
Oct. 15 - Feb. 29
(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
(7) Rabbit
Nov. 12 W Feb. 29
(8) Raccoon
(A) Oct. 15 - Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties; and
(B) Jan. 1 - Dec. 31 for the remainder of the state
(9) Squirrel
Aug. 15 - Feb. 29
(10) Fox
Jan. 1 - Dec. 31
(11) Migratory
Sept. 1 - March 10
game birds
(12) Bear (13) Alligators
Sept. 15 - Jan. 15 April 1 - Oct. 31.
Maximum Bag Limits
Daily
Season
12
No limit
3
No limit
2
2
5 No limit No limit
5 No limit No limit
No limit
10 No limit
No limit
No limit No limit
No limit
No limit
10
No limit
No limit
No limit
Subject to limits set by the federal government and adopted by the board
1
1
Subject to limits
adopted by the
board.'".
Amend HB 134 by striking on lines 5 and 17 the word three and substituting the word
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 103, nays 0.
THURSDAY, FEBRUARY 2, 1989
549
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 309. By Representatives Hooks of the 116th, Watson of the 114th and Bargeron of the 108th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to provide that this Code section shall not apply where the total contract price does not exceed $40,000.00.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 499 Do Pass HR 35 Do Pass HR 89 Do Pass HR 98 Do Pass HR 99 Do Pass
HR 101 Do Pass HR 165 Do Pass SB 65 Do Pass SB 66 Do Pass SB 67 Do Pass
Respectfully submitted, /s/ Colwell of the 4th
Chairman
Representative Kilgore of the 42nd District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 464 Do Pass HB 473 Do Pass HB 538 Do Pass HR 19 Do Pass HR 66 Do Pass
HR 74 Do Pass HR 104 Do Pass HR 105 Do Pass HR 110 Do Pass
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman
Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:
550
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 225 Do Pass, by Substitute HB 226 Do Pass HB 481 Do Pass
Respectfully submitted, M Coleman of the 118th
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.
FRIDAY, FEBRUARY 3, 1989
551
Representative Hall, Atlanta, Georgia Friday, February 3, 1989
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. Nelson L. Price, Pastor, Roswell Street Baptist Church, Marietta, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:
HB 603. By Representative Alford of the 57th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of a roadway, overtaking, and passing under the uniform rules of the road, so as to prohibit any person from operating a vehicle for more than a certain distance in any lane which is designated for left turns only by vehicles traveling in either direction on such road, street, or highway.
Referred to the Committee on Motor Vehicles.
552
JOURNAL OF THE HOUSE,
HB 604. By Representatives Meadows of the 91st, Langford of the 7th, McCoy of the 1st, Foster of the 6th, Griffin of the 6th and others:
A bill to amend Code Section 31-11-5 of the Official Code of Georgia Annotated, relating to rules and regulations of the Department of Human Resources relating to emergency medical services, so as to provide that in certain counties an ambulance transporting a patient may be manned by either one or more Georgia emergency medical technicians and, if the ambulance is manned by only one, such medical technician shall be in the patient compartment.
Referred to the Committee on Health & Ecology.
HB 605. By Representatives Redding of the 50th, Benn of the 38th and Abernathy of the 39th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks.
Referred to the Committee on Banks & Banking.
HB 606. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public schoolteachers' health insurance plan, so as to change the definition of the term "public schoolteacher"; to provide that contracts for health insurance for retiring public schoolteachers and their dependents shall be defined by regulations of the board.
Referred to the Committee on Education.
HB 607. By Representative Royal of the 144th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to increase the compensation for members' attendance at meetings.
Referred to the Committee on Health & Ecology.
HB 608. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public school employees' health insurance plan, so as to change the definition of the term "public school employee"; to provide that coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available to retired or retiring public school employees.
Referred to the Committee on Insurance.
HB 609. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the salary system of compensation, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
FRIDAY, FEBRUARY 3, 1989
553
HB 610. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the method of selection of the chief magistrate and other magistrates.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 611. By Representative Holmes of the 28th:
A bill to amend Code Section 45-18-36 of the Official Code of Georgia Annotated, relating to salary deductions to be instituted by payroll departments at request of employees, so as to provide for confidentiality of individual account records.
Referred to the Committee on Judiciary.
HB 612. By Representative Dixon of the 151st:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to provide that the Board of Pilotage Commissioners for the City of St. Marys shall have the authority to make an agreement with the Florida State Board of Pilot Commissioners to establish authority for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River.
Referred to the Committee on State Planning & Community Affairs.
HB 613. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to change the definition of the term "person who works full time"; to provide that coverage available under the state employees' health insurance plan shall be subordinated to the coverage available under such federal program.
Referred to the Committee on Insurance.
HB 614. By Representatives Bannister of the 62nd, Barnett of the 59th and Goodwin of the 63rd:
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 authorize the prepayment of certain consumer leases; to provide for credit upon anticipation of payments; to provide for a method of refund.
Referred to the Committee on Judiciary.
HB 615. By Representative Rainey of the 135th:
A bill to amend an Act reincorporating the City of Cordele and providing a new charter for said city, so as to change the provisions relating to the election and terms of office of the members of the City Commission; to revise completely the provisions relating to the court of said city and to provide for a municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.
554
JOURNAL OF THE HOUSE,
HB 616. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, so as to change the provisions relative to the tolling of sentences.
Referred to the Committee on State Institutions & Property.
HB 617. By Representatives Royal of the 144th and Long of the 142nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to certain fees and taxes with respect to insurance, so as to change certain provisions relating to the funding of services in unincorporated areas of counties levying tax under such chapter; to change the authorized uses of the proceeds of such taxes.
Referred to the Committee on Ways & Means.
HB 618. By Representatives Milam of the 81st, Long of the 142nd, Bostick of the 138th, Groover of the 99th, Moultrie of the 93rd and others:
A bill to amend Part 4 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to poll officers, so as to provide that when political parties submit lists of qualified persons to serve as managers, the election superintendent shall make appointments from such lists so that there shall be equal representation of such political parties.
Referred to the Committee on Governmental Affairs.
HB 619. By Representatives Alford of the 57th, Watts of the 41st, Dobbs of the 74th, Porter of the 119th and Teper of the 46th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to regulate nonsewered toilet systems and require the provision of toilets or nonsewered toilet systems at certain work sites and special events; to provide a short title.
Referred to the Committee on Health & Ecology.
HB 620. By Representatives Alford of the 57th, Lucas of the 102nd, Watts of the 41st and Barnett of the 10th:
A bill to amend Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general minimum requirements for organization of a fire department, so as to change such minimum requirements.
Referred to the Committee on Industry.
HB 621. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act creating the board of commissioners of Lowndes County, so as to change the provisions relating to the compensation of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
FRIDAY, FEBRUARY 3, 1989
555
HB 622. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide requirements relative to certain contributions paid to the Teachers Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 623. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide for certain refunds or payments to a county school system.
Referred to the Committee on Retirement.
HB 624. By Representative Couch of the 36th:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County; and for other purposes," so as to provide for a Fulton County School Employees' Retirement Plan of 1990.
Referred to the Committee on Retirement.
HB 625. By Representative Couch of the 36th:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System.
Referred to the Committee on Retirement.
HB 626. By Representative Lane of the 27th:
A bill to amend Code Section 43-5-15 of the Official Code of Georgia Annotated, relating to the termination date of the Georgia Board of Athletic Trainers, so as to change said termination date.
Referred to the Committee on State Planning & Community Affairs.
HB 627. By Representative Isakson of the 21st:
A bill to amend Code Section 28-5-23 of the Official Code of Georgia Annotated, relating to review of budget requests by the fiscal affairs subcommittees, so as to provide for other duties and functions of the subcommittees.
Referred to the Committee on Appropriations.
556
JOURNAL OF THE HOUSE,
HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education.
Referred to the Committee on Education.
HB 629. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Annotated, relating to funding for instructional and other costs under the "Quality Basic Education Act," so as to change the provisions relating to funding for direct instructional costs.
Referred to the Committee on Education.
HR 215. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller.
Referred to the Committee on Appropriations.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:
HB 650. By Representative Connell of the 87th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain intangible personal property and on certain services.
By unanimous consent, HB 650 was ordered engrossed.
Referred to the Committee on Ways & Means.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 571 HB 572 HB 573 HB 574 HB 575 HB 576 HB 577 HB 578 HB 579 HB 581 HB 582 HB 583 HB 584 HB 586
HB 587 HB 588 HB 589 HB 590 HB 593 HB 594 HB 595 HB 596 HB 597 HB 598 HB 599 HB 600 HB 601 HB 602
FRIDAY, FEBRUARY 3, 1989
557
HR 196 SB 14 SB 101 SB 132
SB 140 SB 142 SB 167
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 30 Do Pass, as Amended HB 229 Do Pass, as Amended HB 279 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Bishop of the 94th District, Vice-Chairman of the Committee on Regulated Beverages, submitted the following report:
Mr, Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 169 Do Pass, by Substitute
Respectfully submitted, /s/ Bishop of the 94th
Vice-Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 199 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
558
JOURNAL OF THE HOUSE,
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 290 Do Pass HB 551 Do Pass HB 554 Do Pass HB 549 Do Pass
HB 550 Do Pass HB 558 Do Pass HB 561 Do Pass
Respectfully submitted, M Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 290. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Mobley of the 64th and others:
A bill to abolish the office of elected county surveyor of Gwinnett County; to provide for the appointment of said official by the county 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 549. By Representatives Oliver of the 53rd, Baker of the 51st, Lawrence of the 49th, Richardson of the 52nd, Teper of the 46th and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 550. By Representatives Hasty of the 8th, Barnett of the 10th and Stancil of the 8th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County on the salary system in lieu of fees, so as to provide for a supplement to the compensation of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee 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.
FRIDAY, FEBRUARY 3, 1989
559
HB 551. By Representative Smith of the 78th: A bill to create the Lamar County Water and Sewer Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 554. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating and establishing the State Court of Tift County, so as to change the minimum compensation of the sheriff and the clerk.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 558. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to change the election and terms of office of the city commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 561. By Representatives Barnett of the 59th, Bannister of the 62nd, Breedlove of the 60th, Jackson of the 9th, Orr of the 9th and others:
A bill to amend an Act abolishing the office of coroner of Gwinnett County and establishing in its place the office of medical examiner of Gwinnett County, so as to change certain provisions relating to persons qualified to hold the office of medical examiner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
560
JOURNAL OF THE HOUSE,
SB 201. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to repeal an Act creating the Gwinnett County Public Facilities Authority, as amended, by an Act approved April 6, 1981, and an Act approved April 12, 1982.
SB 202. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act creating the Gwinnett County Recreation Authority, as amended, so as to provide that the authority shall not be authorized to issue certain revenue bonds; to provide that certain moneys, proceeds, grants, contributions, revenues, income, fees, and earnings shall be applied solely for debt service.
HB 270. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act providing for a new charter for the Town of Martin, so as to change certain provisions relating to the election of the mayor; to change certain provisions relating to the taking of office by certain municipal officers.
HB 307. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County, so as to provide for a secretary for the judge of such court.
HB 378. By Representatives Jones of the 71st, Meadows of the 91st, Ware of the 77th and Yates of the 75th:
A bill to amend an Act reincorporating and providing a new charter for the City of Newnan, so as to change the provisions relating to city elections and the election and terms of the mayor and council members; to provide for the time for holding elections and commencement of terms of office.
HB 413. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, so as to change the provisions relating to the compensation of the tax commissioner.
SB 127. By Senator Shumake of the 39th:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insurance institutions, so as to provide that with respect to a personal or family type policy of motor vehicle insurance an insurance institution or agent may not use as the sole basis for an adverse underwriting decision the fact that the applicant has never purchased such a policy.
SB 150. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize regulations of the Department of Banking and Finance relative to subsidiaries and affiliates of financial institutions, competition with others providing financial services, and unfair or deceptive business practices; to provide for additional operational powers of banks and trust companies.
FRIDAY, FEBRUARY 3, 1989
561
SB 151. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for initial filings with the Department of Banking and Finance instead of the Secretary of State in order to facilitate perfection of the filings between the department and the filing party; to provide the procedures connected therewith.
SB 175. By Senators Edge of the 28th, Dawkins of the 45th and Clay of the 37th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.
SB 181. By Senators Peevy of the 48th, Ragan of the 10th, Taylor of the 12th and others:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that a superior court judge may order the mediation of a domestic case if the judicial circuit has provided for local rules to govern such mediation proceedings; to provide for a minimal fee to cover the costs of mediation.
SB 199. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that the period of incarceration for violating the provisions of Code Section 33-34-12 shall be increased.
HB 29. By Representative Alien of the 127th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reckless abandonment of a child; to provide for the elements of such offense.
HB 111. By Representatives Oliver of the 53rd and Smyre of the 92nd:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, definitions, and restrictive custody disposition, so as to provide that time spent by a juvenile in secure detention prior to such juvenile's transfer to a youth development center will be counted toward the confinement period issued by the court order.
HB 245. By Representatives Robinson of the 96th, Thomas of the 69th, Moultrie of the 93rd, Ware of the 77th, Milam of the 81st and others:
A bill to amend Code Section 14-2-86 of the Official Code of Georgia Annotated, relating to rights and options to purchase shares, so as to provide that a board of directors may determine the terms and conditions of issuance and exercise of rights, options, or warrants; to provide that the term of such rights, options, or warrants may include restrictions or conditions that preclude or limit the exercise, transfer, or receipt of, or invalidate or void, any such rights, options, or warrants.
562
JOURNAL OF THE HOUSE,
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:
SR 5. By Senator Barnes of the 33rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Marietta, Georgia, to the Downtown Marietta Development Authority; to authorize the sale of certain state owned property which is the subject of a lease with the City of Marietta under certain conditions; to provide an effective date.
SR 22. By Senator Kidd of the 25th:
A resolution granting nonexclusive easements for construction, operation, and maintenance of roads and transmission and powers lines in, on, under, over, upon, across, and through property owned by the State of Georgia in Wilkinson County, Georgia; to provide an effective date.
SR 25. By Senator Coleman of the 1st:
A resolution authorizing the State Properties Commission to convey to the Development Authority of Chatham County, Georgia, and Union Camp Corporation, easements for the drilling, boring, constructing, laying, operating, maintaining, repairing, removing, and replacing of an outfall structure, a diffuser system, pipelines, conduits, and electrical cables in, on, under, over, upon, across, and through certain state owned property situated in the Savannah River, Chatham County, Georgia.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 127. By Senator Shumake of the 39th:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Annotated, relating to the collection, use, and disclosure of information gathered by insurance institutions, so as to provide that with respect to a personal or family type policy of motor vehicle insurance an insurance institution or agent may not use as the sole basis for an adverse underwriting decision the fact that the applicant has never purchased such a policy.
Referred to the Committee on Insurance.
SB 150. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to authorize regulations of the Department of Banking and Finance relative to subsidiaries and affiliates of financial institutions, competition with others providing financial services, and unfair or deceptive business practices; to provide for additional operational powers of banks and trust companies.
Referred to the Committee on Banks & Banking.
FRIDAY, FEBRUARY 3, 1989
563
SB 151. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for initial filings with the Department of Banking and Finance instead of the Secretary of State in order to facilitate perfection of the filings between the department and the filing party; to provide the procedures connected therewith.
Referred to the Committee on Banks & Banking.
SB 175. By Senators Edge of the 28th, Dawkins of the 45th and Clay of the 37th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.
Referred to the Committee on Insurance.
SB 181. By Senators Peevy of the 48th, Ragan of the 10th, Taylor of the 12th and others:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that a superior court judge may order the mediation of a domestic case if the judicial circuit has provided for local rules to govern such mediation proceedings; to provide for a minimal fee to cover the costs of mediation.
Referred to the Committee on Judiciary.
SB 199. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that the period of incarceration for violating the provisions of Code Section 33-34-12 shall be increased.
Referred to the Committee on Motor Vehicles.
SB 201. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to repeal an Act creating the Gwinnett County Public Facilities Authority, as amended, by an Act approved April 6, 1981, and an Act approved April 12, 1982.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 202. By Senators Phillips of the 9th and Peevy of the 48th:
A bill to amend an Act creating the Gwinnett County Recreation Authority, as amended, so as to provide that the authority shall not be authorized to issue certain revenue bonds; to provide that certain moneys, proceeds, grants, contributions, revenues, income, fees, and earnings shall be applied solely for debt service.
Referred to the Committee on State Planning & Community Affairs - Local.
564
JOURNAL OF THE HOUSE,
SR 5. By Senator Barnes of the 33rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Marietta, Georgia, to the Downtown Marietta Development Authority; to authorize the sale of certain state owned property which is the subject of a lease with the City of Marietta under certain conditions; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SR 22. By Senator Kidd of the 25th:
A resolution granting nonexclusive easements for construction, operation, and maintenance of roads and transmission and powers lines in, on, under, over, upon, across, and through property owned by the State of Georgia in Wilkinson County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 25. By Senator Coleman of the 1st:
A resolution authorizing the State Properties Commission to convey to the Development Authority of Chatham County, Georgia, and Union Camp Corporation, easements for the drilling, boring, constructing, laying, operating, maintaining, repairing, removing, and replacing of an outfall structure, a diffuser system, pipelines, conduits, and electrical cables in, on, under, over, upon, across, and through certain state owned property situated in the Savannah River, Chatham County, Georgia.
Referred to the Committee on State Institutions & Property.
Representative Lane of the 27th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 95. By Representative Lane of the 27th:
A bill to amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, so as to provide that it shall be unlawful for the driver of a pickup truck to transport children 14 years of age or less in the rear bed or body of the vehicle on certain public roads in this state.
On the motion, the roll call was ordered and the vote was as follows:
N Aaron
Y Abernathy N Adams
Aiken Y Alford
Alien N Athon Y Atkins
Bailey Y Baker
Balkcom N Bannister
N Barfoot Y Bargeron N Barnett.B N Barnett.M N Beck
Benefield
Benn N Birdsong
Y Bishop
Y Bostick Y Branch N Breedlove N Brooks
Brown Y Buck
Buford N Byrd
Carrell Carter N Chambless
N Chance N Cheeks Y Childers
Clark.B Y Clark.H N Clark.L
Y Colbert N Coleman
N Colwell
N Connell N Couch
Cox N Crawford
Crosby Y Cummings.B
Cummings,M N Davis.C
Davis.G Y Davis,M
Dixon.H
Y Dixon.S Dobbs Dover
Y Dunn N Edwards N Ehrhart
Y Felton N Fennel
Floyd
N Foster N Godbee N Goodwin N Green
Y Greene N Gresham N Griffin
Groover Y Hamilton N Hanner Y Harris
Hasty Heard Y Herbert Y Holcomb N Holland N Holmes
N Hooks N Howren
N Hudson
N Irwin Y Isakson N Jackson,J
Jackson.W
N Jamieson Y Jenkins Y Johnson N Jones Y Kilgore Y Kingston Y Lane.D
N Lane.R N Langford Y Lawrence Y Lawson N Lee N Linder
Y Long N Lord
FRIDAY, FEBRUARY 3, 1989
565
N Lucas Lupton
N Mangum Y Martin Y McCoy
McDonald Y McKelvey
N McKinney.B N McKinney.C N Meadows N Milam N Mobley N Moody N Moore Y Mortal N Moultrie
Y Mueller
N Oliver.C Oliver.M
YOrr Y Orrock Y Padgett N Pannell N Parham
N Parrish N Patten Y Pettit N Pinkston
NPoag N Porter N Postal N Powell
Y Rainey
N Randall Y Ransom
Ray N Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman N Simpson N Sinkfield
Smith.L
Y Smith.P Smith.T
On the motion, the ayes were 59, nays 78. The motion was lost.
N Smith.W
Smyre YSnow N Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Teper
N Thomas.C Thomas.M
N Thompson Thurmond
Y Titus Y Tolbert
Townsend
Twiggs Y Vaughan N Waddle
Walker.C Walker,L Y Wall N Ware
N Watson Watts White
Y Wilder Y Williams,B
Williams.J N Yates
Yeargin Murphy.Spkr
Representative Redding of the 50th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 221. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each member of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district.
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy N Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom N Bannister N Barfoot Y Bargeron Y Barnett.B N Barnett.M NBeck
Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks Y Brown YBuck
Buford YByrd
Carrell Y Carter
Y Chambless N Chance
Cheeks Y Childers
Clark.B
Y Clark.H
Y Clark.L Colbert Coleman
Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon,S Y Dobbs Y Dover
Y Dunn Y Edwards N Ehrhart Y Felton N Fennel
Floyd Y Foster Y Godbee N Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty
Heard N Herbert N Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson N Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore N Kingston Y Lane,D N Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder N Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney,B
Y McKinney.C N Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
N Padgett Y Pannell YParham Y Parrish
N Patten Pettit Pinkston Poag
Y Porter
N Postal Y Powell
Rainey Y Randall N Ransom
Ray N Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal N Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,P Y Smith,T Y Smith.W
Smyre NSnow
Y Stancil,F Stancil.S
Y Stanley Steele
Y Stephens Y Teper
Thomas.C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Twiggs N Vaughan N Waddle Y Walker.C Walker.L Y Wall N Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr
566
JOURNAL OF THE HOUSE,
On the motion, the ayes were 117, nays 27. The motion prevailed.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Industry and referred to the Committee on State Planning and Community Affairs:
SB 52. By Senator Howard of the 42nd: A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public housing"; to provide an effective date.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 216. By Representative Isakson of the 21st: A resolution amending the Rules of the House.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 199. By Representatives Connell of the 87th, Gresham of the 21st, Isakson of the 21st, McDonald of the 12th, Walker of the 115th and others:
A resolution commending the Georgia Parent Teacher Association, inviting its president, Georgianne B. Bearden, to appear before the House of Representatives, and designating February 7, 1989, as PTA Day in Georgia.
Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 45. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Smyre of the 92nd, Moultrie of the 93rd and others:
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 repeal Code Section 48-8-82.1, authorizing an increase in the rate of joint county and municipal sales and use taxation under certain circumstances.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to abolish the authority granted to certain jurisdictions to provide for a temporary increase in the rate of taxation; to provide for the continuing levy of previously authorized increased taxes; 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 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, is amended by repealing in its entirety Code Section 48-8-82.1 which reads as follows:
FRIDAY, FEBRUARY 3, 1989
567
"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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. If on such effective date the rate of taxation under Article 2 of Chapter 8 of Title 48 has been increased from 1 percent to 2 percent under the authority of former Code Section 48-8-82.1, or if on such date all proceedings have been completed so as to authorize such an increase in the rate of taxation in any special district, then in such special district such increased rate of taxation shall be effective for the period of time specified by former Code Section 48-8-82.1.
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 Abernathy Y Adams Y Aiken
Y Alford Y Alien
Athon Y Atkirs Y Bailey Y Baker
Balkcom Bannister Y Barfoot Y Bargeron Y Barnott,B Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Bostick Y Branch Breedlove Y Brooks Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Clark.B
Y Clark.H Y Clark,L Y Colbert Y Coleman
Y Colwell Y Connell Y Couch
Con Y Crawford
Y Crosby Y Cumraings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixcn.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lar.e,R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows YMilem Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey' Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Selman
Y Simpson
Y Sinktield Y Smith.L Y Smith.P Y Simth,T
Y Smith.W YSmyre YSnow Y StanciLF Y Stancil,S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Y Thompson Y Thurrnond Y Titus Tolbert Y Townsend Y Twiggs Y Vaughar, Y Waddle Y Walker.C Y Walker.L Y Wall Ware Y Watson
Y Watts White Wilder
Y Williams.B Y Williams,J Y Yates
Y Yeargin Murphy ,Spkr
568
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 315. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 2 of Title 7 of the Official Code of Georgia Annotated, relating to the credit union deposit insurance corporation, so as to provide procedures and requirements for the adoption or amendment of bylaws of the credit union deposit insurance corporation; to authorize the board of such corporation to provide a membership fee schedule with department approval.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Athon Y Atkins Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M YBeck Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove 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
Cohvell Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel
Floyd Y Foster
Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R
Y Langford Y Lawrence Y Lawson
YLee Y Under
YLong YLord Y Lucas N Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Waddle
Y Walker.C Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J
Y Yates 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.
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.
Representative Lupton of the 25th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
FRIDAY, FEBRUARY 3, 1989
569
The Speaker Pro Tern assumed the Chair.
HB 316. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the filling of a vacancy in the office of commissioner of banking and finance; to provide for the appointment of one or more deputy commissioners and additional personnel; to provide for the oath of office to be taken by each deputy commissioner and examiner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy N Adams Y Aiken Y Alford
Alien Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks N Childers
Clark,B
Y Clark.H Y Clark.L Y Colbert
Coleman N Colwell
Connell Couch Cox Y Crawford Y Crosby N Cummings,B Y Cummings,M Y Davis.C N Davis.G Y Davis.M Dixon.H
N Dixon,S Y Dobbs Y Dover YDunn N Edwards Y Ehrhart
Y Felton N Fennel
Floyd Y Foster N Godbee Y Goodwin
Y Green N Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner Y Harris
Y Hasty N Heard Y Herbert Y Holcomb N Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin
Y Isakson N Jackson,J
Jackson.W N Jamieson N Jenkins Y Johnson
Y Jones N Kilgore Y Kingston N Lane.D N Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
N McKinney.C N Meadows Y Milam
Y Mobley N Moody N Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M NOrr Y Orrock
Y Padgett N Pannell
Parham
Y Parrish Y Patten N Pettit Y Pinkston YPoag Y Porter Y Poston N Powell Y Rainey Y Randall Y Ransom YRay Y Reaves N Redding N Richardson Y Ricketson Y Robinson N Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,? N Smith.T Y Smith, W Y Smyre YSnow N Stancil.F Y Stancil,S
Stanley
N Steele N Stephens N Teper Y Thomas.C Y Thomas.M N Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend N Twiggs N Vaughan
Y Waddle N Walker.C
Walker.L Y Wall
Ware Watson N Watts N White Y Wilder Y Williams,B N Williams,J Y Yates N Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 114, nays 43. The Bill, having received the requisite constitutional majority, was passed.
Representative Thompson of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 499. By Representatives Foster of the 6th, Colwell of the 4th, Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th and others:
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 overcrowding of the prison system may create an emergency requiring additional correctional facilities either of a permanent type of construction or of a temporary or movable type.
570
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell
Connell
Couch
Cox
Y Crawford
Y Crosby Cummings.B
Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Floyd Y Foster Y Godbee
Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powel! Y Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow
Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens
Teper Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Ware
Watson Y Watts Y White Y Wilder Y Williams,B Y Williams.J
Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 254. By Representatives Crawford of the 5th and Smith of the 16th:
A bill to amend Code Section 21-2-409 of the Official Code of Georgia Annotated, relating to assisting electors who cannot read or who have physical disabilities, so as to provide that blind electors shall not be required to take an oath in order to receive assistance in voting.
The following Committee substitute was read and adopted:
A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain blind electors shall not be required to take an oath in order to receive assistance in voting; to provide procedures relative thereto; to change certain criminal provisions relating to fraudulent voting assistance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-409, relating to assisting electors who cannot
FRIDAY, FEBRUARY 3, 1989
571
read or who have physical disabilities, and inserting in its place a new Code Section 21-2-409 to read as follows:
"21-2-409. (a) No elector shall receive any assistance in voting at any primary or election unless he is unable to read the English language; or there is recorded upon the electors list a reference to his declaration that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder; or to enter the voting compartment or booth without assistance, the exact nature of such disability being recorded on the list of electors, and unless the poll officers are satisfied that he still suffers from the same disability; or unless he acquired such a physical disability after the time of registration and the poll officers are satisfied that he still suffers therefrom. Before Except for a blind elector, before an elector shall be permitted to receive assistance, he shall take an oath which shall be administered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he is unable to cast his vote as he wishes and who in the judgement of a manager is blind may receive assistance on the basis of the blind elector's declaration without the necessity of an oath. The name of each person assisting a blind elector shall be shown on the declaration.
(b) Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff.
(c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent, who shall cause the same to be duplicated and deliver the original oaths or declarations to the superintendent of the county and the duplicates to the board of registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent electors lists for as long as the disability shall continue. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection."
Section 2. Said title is further amended by striking paragraph (3) of Code Section 21-2-579, relating to certain offenses with respect to receiving voting assistance, and inserting in its place a new paragraph (3) to read as follows:
"(3) Without having made the declaration ander eath or affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he declared at the time of registration no longer exists, permits another to accompany him into the voting compartment or voting machine booth or to mark his ballot or ballot card or to register his vote on the voting machine or vote recorder; or".
Section 3. Said title is further amended by striking subsections (a) and (b) of Code Section 21-3-318, relating to assisting municipal electors who cannot read or who have physical disabilities, and inserting in their places new subsections (a) and (b) to read as follows:
"(a) No elector shall receive any assistance in voting at any primary or election unless he is unable to read the English language or can prove to the satisfaction of the poll officers that he has a physical disability which renders him unable to see or mark the ballot or operate the voting machine or vote recorder or to enter the voting compartment or booth without assistance. Before Except for a. blind elector, before an elector shall be permitted to receive assistance, he shall take an oath, which shall be administered to him and placed in writing by a manager, giving the reason why he requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he is unable to cast his vote as he wishes and who in the judgement of a manager is blind may receive assistance on the
572
JOURNAL OF THE HOUSE,
basis of the blind elector's declaration without the necessity of an oath. The name of each person assisting a blind elector shall be shown on the declaration.
(b) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent, who shall cause the same to be duplicated and deliver the original oaths or declarations to the superintendent of the county within which the municipality is located and the duplicates to the registrars. If such physical disability was acquired after the time of registration and if it appears to be permanent, the registrars shall record the need for voting assistance on subsequent lists of electors for as long as the disability shall continue. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection."
Section 4. Said title is further amended by striking paragraph (3) of Code Section 21-3-459, relating to fraudulent voting assistance, and inserting in its place a new paragraph (3) to read as follows:
"(3) Without having made the declaration under eath &r affirmation under oath or declaration required by Code Section 21-3-318, or when the disability which he declared at the time of registration no longer exists, permits another to accompany him into the voting compartment or voting machine booth or to mark his ballot or ballot card or to register his vote on the voting machine or vote recorder; or".
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:
Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford
Alien Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Beck
Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B
Y Clark,H Y Clark.L Y Colbert
Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis,M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson
Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford
Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Mortal Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Watson
Y Watts White
Y Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 157, nays 0.
FRIDAY, FEBRUARY 3, 1989
573
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Lawrence of the 49th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 35. By Representatives Groover of the 99th, Lucas of the 102nd, Randall of the 101st and Davis of the 29th: A resolution authorizing the conveyance of certain state owned real property located in Bibb County, Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B
Y Barnett.M Beck
Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove 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
Cox
Y Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall
Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware
Wataon Y Watts
White Y Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
SB 65. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 19-10-1 of the Official Code of Georgia Annotated, relating to abandonment of a child and penalties therefor, so as to provide procedures and requirements relative to the suspension of sentences for abandonment; to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations on the question of the probation of a defendant, so as to delete the provisions relating to the suspension of sentences of abandonment.
574
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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett,M
Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton
Y Fennel Floyd
N Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Hudson Y Irwin YIsakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R N Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston
Y Powell Y Rainey YRandall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith,W
YSmyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 157, nays 2. The Bill, having received the requisite constitutional majority, was passed.
Representative Foster of the 6th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 67. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, so as to provide an option for the court to order a 40 hour per week work detail in lieu of incarceration; to provide for additional community service hours for disciplinary reasons in lieu of incarceration; 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 Abernathy Y Adams Y Aiken Y Alford
Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
FRIDAY, FEBRUARY 3, 1989
575
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 Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M N Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs
Y Dover
Y Dunn
Edwards N Ehrhart
Y Felton
Y Fennel
Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene N Gresham Y Griffin Y Groover Y Hamilton
Y Hanner
Y Harris
Y Hasty
Y Heard Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin N Isakson Y Jackson,J
Jackson.W N Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C
Y Oliver.M YOrr
Y Orrock Y Padgett
Y Pannell
Y Parham
Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter
Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith.L
Y Smith.P
Y Smith.T N Smith,W
Y Smyre
Y Snow
Y Stancil.F Y Stancil.S Y Stanley
Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M
Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Watson Watts White N Wilder Y Williams,B Y Williams,J Y Yates
Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 150, nays 7. The Bill, having received the requisite constitutional majority, was passed.
SB 66. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to the offense of escape, so as to change the provisions relating to said offense; to provide that revocation of probation for conduct in violation of said Code section shall not preclude an independent criminal prosecution under said Code section; 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby
Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton
Y Fennel
Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R N Langford
Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
576
JOURNAL OF THE HOUSE,
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley
Y Steele Y Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C
Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed.
HR 110. By Representative Crawford of the 5th: A resolution designating the Juliette Gordon Low Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Bargeron Y Barnett.B Y Barnett,M Beck Y Benefield Y Benn Y Birdsong Bishop Y Bostick Y Branch Y Breedlove 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 Cox
Y Crawford Crosby
Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G
Y Davis.M Dixon.H
Y Dixon,S Y Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong NLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Smith ,P Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan
Waddle Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Williams.B Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 152, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
HB 4. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, so as to change the effective date.
FRIDAY, FEBRUARY 3, 1989
577
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford Y Byrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G
Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson
Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 463. By Representatives Hasty of the 8th, Stancil of the 8th, Royal of the 144th, Yeargin of the 14th, Langford of the 7th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to change the conditions for immediate issuance of marriage licenses and to delete certain provisions relating to sanctions for violating certain waiting period requirements.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy
Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B
Y Barnett.M Beck
Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch
Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chamblesi
Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Connell Y Couch Cox Y Crawford Y Crosby Y Cummin Y Cummings.M Y Davis.C Davis.G
578
JOURNAL OF THE HOUSE,
Y Davis.M Dixon.H
Y Dixon.S N Dobbs
Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris
Y Hasty Heard
Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren
Y Hudson N Irwin Y Isakson Y Jackson,J
Jackson, W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston N Lane.D
Y Lane.R Y Langford 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,B McKinney.C
Y Meadows Y Milam Y Mobley
Y Moody Y Moore N Morton Y Moultrie N Mueller Y Oliver.C
Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten
Pettit Y Pinkston
Y Poag Y Porter Y Poston Y Powell
Y Rainey Y Randall N Ransom Y Ray Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith.T Y Smith.W Y Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson
Watts White Y Wilder N Williams.B
Y Williams,J N Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 141, nays 8. The Bill, having received the requisite constitutional majority, was passed.
HB 209. By Representatives Pannell of the 122nd, Childers of the 15th, Hooks of the 116th, Birdsong of the 104th, Moultrie of the 93rd and Richardson of the 52nd:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relating to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain provisions relating to prescribing, compounding, dispensing, and administering drugs by certain practitioners; to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to change the provisions relating to powers of the Georgia Board of Nursing; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and assistants, so as to provide for definitions; to authorize physicians to delegate to certain physician's assistants and licensed registered professional nurses the authority to perform certain acts, to provide conditions and limitations regarding such delegation, and to exclude such performance from constituting the practice of medicine; to authorize the performance of such delegated acts; to provide for powers of certain state licensing boards; to provide for statutory construction; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 26-4-4 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding after subsection (b) thereof a new subsection to read as follows:
FRIDAY, FEBRUARY 3, 1989
579
"(b.l) Any term used in this subsection and defined in Code Section 43-34-26.1 shall have the meaning provided for such term in Code Section 43-34-26.1. Parts 2, 3, 4, and 6 of Article 2 of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 43-34-26.1. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1, with regard to the drugs so dispensed that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section."
Section 2. Title 43 of the Official Code of Georgia Annotated, relating to businesses and professions, is amended by striking "and" at the end of paragraph (10) of subsection (a) of Code Section 43-26-4, relating to powers of the Georgia Board of Nursing, striking the period at the end of paragraph (11) of that subsection (a) and inserting in its place "; and", and by adding immediately thereafter a new paragraph to read as follows:
"(12) Promulgate rules and regulations governing nurses performing under a nurse protocol as authorized in Code Section 43-34-26.1."
Section 3. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, is amended by adding immediately following Code Section 43-34-26 a new Code section to read as follows:
"43-34-26.1. (a) As used in this Code section, the term: (1) 'Administer' means to give a unit dose of any drug or to perform any medical
treatment or diagnostic study. (2) 'Controlled substance' means any controlled substance, as defined in Code
Section 16-13-21, except any Schedule I controlled substance listed in Code Section 16-13-25.
(3) 'Dispense' means to issue one or more doses of any drug in a suitable container with appropriate labeling for subsequent administration to, or use by, a patient.
(4) 'Dangerous drug' means any dangerous drug, as defined in Code Section 16-13-71, but does not include any controlled substance or Schedule I controlled substance.
(5) 'Drug' means any dangerous drug or controlled substance. (6) 'Nurse' means a person who is a registered professional nurse licensed as such under Chapter 26 of this title. (7) 'Nurse protocol' means a written document mutually agreed upon and signed by a nurse and a licensed physician, by which document the physician delegates to that nurse the authority to perform certain medical acts which a physician is authorized to delegate to a nurse pursuant to subsection (b) of this Code section, and which acts shall include, without being limited to, the administering, ordering, and dispensing of any drug. (8) 'Order' means to select a drug, medical treatment, or diagnostic study through physician delegation in accordance with a nurse protocol or a physician's assistant's job description. Ordering under such delegation shall not be construed to be prescribing, which act can only be performed by the physician. (9) 'Physician's assistant' means a person certified as a physician's assistant pursuant to Article 4 of this chapter, the 'Physician's Assistant Act.' (b) (1) A physician may delegate to:
(A) A physician's assistant in accordance with a job description; or (B) A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, certified nurse practitioner, or clinical nurse specialist, psychiatric/mental health in accordance with a nurse protocol the authority to order controlled substances selected from a formulary of such drugs established by the Composite State Board of Medical Examiners and the authority to order dangerous drugs, medical treatments, and diagnostic studies. (2) A physician may delegate to a nurse or physician's assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and the authority to
580
JOURNAL OF THE HOUSE,
dispense dangerous drugs if that nurse or physician's assistant orders or dispenses those dangerous drugs, medical treatments, or diagnostic studies:
(A) As an agent or employee of: (i) The division of public health of the Department of Human Resources; (ii) Any county board of health; or (iii) Any organization which is exempt from federal taxes pursuant to Section
501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c) of the United States Public Health Service Act, or any project of a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law," which organization or project provides medical services, and which organization or project provides that those medical services and dangerous drugs which are dispensed by its physician's assistants and nurses will be provided at no cost to the patient or at a cost based solely upon the patient's ability to pay; and (B) In conformity with subsection (b.l) of Code Section 26-4-4 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (3) Delegation of authority to a physician's assistant pursuant to this subsection shall be authorized only if that delegation is contained in the job description approved for that physician's assistant by the Composite State Board of Medical Examiners. (4) Delegation of authority to a nurse pursuant to this subsection shall be authorized only if that delegation is contained in a nurse protocol for that nurse. (c) The Composite State Board of Medical Examiners shall be empowered to promulgate rules and regulations governing physicians and physician's assistants to carry out the intents and purposes of this Code section, including establishing criteria and standards governing physician's, physician's assistants, job descriptions, and nurse protocols. The board shall be authorized to require that protocols not falling within such established criteria and standards be submitted to the board for review and approval or rejection. (d) Notwithstanding any other provision of law to the contrary, a physician's assistant or nurse may perform any act authorized to be performed by that person pursuant to and in conformity with the delegation specified in this Code section without such act constituting the practice of medicine. (e) Nothing in this Code section shall be construed to limit or repeal Article 4 of this chapter, the 'Physician's Assistant Act,' or Article 1 of Chapter 26 of this title, relating to registered nurses. (f) Nothing in this Code section shall be construed to limit or repeal any existing statutory authority of a licensed physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom. (g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse or physician's assistant. (h) Nothing in this Code section shall be construed to limit or repeal the authority of any organization described in division (i) or (ii) of subparagraph (A) of paragraph (3) of subsection (b) of this Code section or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c) of the United States Public Health Service Act to supervise or provide for professional standards and criteria for any agent or employee of such organization."
Section 4. Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Physician's Assistant Act," is amended by adding at the end of Code Section 43-34-103, relating to applications for assistants, a new subsection to read as follows:
"(g) Nothing in this article shall be construed to prohibit a physician's assistant from performing those acts the performance of which have been delegated to that physician's assistant pursuant to and in conformity with Code Section 43-34-26.1."
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.
FRIDAY, FEBRUARY 3, 1989
581
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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 Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Foster
Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane,R Y Langford 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.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfleld
Y Smith.L Y Smith,P Y Smith.T
Y Smith.W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Yates 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.
Representative Foster of the 6th 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 67. By Representative Wall of the 61st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school.
The following Committee substitute was read:
A BILL
To amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary school students, so as to provide that no
582
JOURNAL OF THE HOUSE,
public or private school shall release a child into the physical custody of any person other than the person listed in school records as the custodian or guardian without the permission of such person; to provide for the effect of judicial custody orders; 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 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary school students, is amended by adding at the end thereof a new Part 4 to read as follows:
"Part 4
20-2-790. No public or private school shall release any child enrolled in the school into the physical custody of any person other than the person listed in the school's records as the custodian or guardian of the child without the specific permission of the person listed in the school's records as the custodian or guardian, notwithstanding the fact that a person seeking to obtain physical custody of the child from the school has a court order granting custody of the child to such person; provided, however, that this Code section shall not apply with respect to a court order specifically authorizing or directing such a release of physical custody by the school."
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 Wilder of the 21st moved that HB 67 be placed on the table. On the motion to table, the roll call was ordered and the vote was as follows:
N Aaron Y Abernathy N Adams N Aiken
Y Alford Alien
Y Athon Y Atkins N Bailey Y Baker
Balkcom N Bannister N Barfoot Y Bargeron N Barnett,B Y Barnett.M
Beck N Benefield
Benn N Birdsong N Bishop N Bostick
Y Branch N Breedlove N Brooks
Brown
Y Buck N Buford YByrd Y Carrell N Carter N Chambless
Chance N Cheeks Y Childers
Clark.B
N Clark.H Y Clark.L Y Colbert
Coleman
N Colwell Connell
Y Couch Cox
Y Crawford Y Crosby N Cummings,B N Cummings,M N Davis.C N Davis.G Y Davis.M
Dixon.H
Y Dixon,S Dobbs
N Dover N Dunn N Edwards N Ehrhart
Felton N Fennel
Floyd Y Foster N Godbee N Goodwin N Green N Greene Y Gresham Y Griffin N Groover N Hamilton N Hanner Y Harris
Y Hasty N Heard Y Herbert N Holcomb N Holland N Holmes Y Hooks N Howren Y Hudson Y Irwin
Y Isakson N Jackson.J
Jackson.W N Jamieson N Jenkins N Johnson
N Jones Y Kilgore N Kingston N Lane.D N Lane.R Y Langford
Y Lawrence N Lawson NLee N Linder
N Long YLord
Lucas N Lupton Y Mangum N Martin Y McCoy
McDonald
Y McKelvey Y McKinney.B
N McKinney.C N Meadows
Milam Y Mobley
Moody N Moore N Morton Y Moultrie
N Mueller Oliver.C
Y Oliver.M NOrr Y Orrock N Padgett Y Pannell N Parham
N Parrish N Patten Y Pettit
Pinkston YPoag N Porter
N Poston N Powell N Rainey N Randall
Ransom NRay N Reaves
Redding Y Richardson N Ricketson
Robinson N Royal N Selman N Simpson
N Sinkfield N Smith.L Y Smith.P Y Smith.T
Y Smith, W Smyre
NSnow Y Stancil.F N Stancil.S
Stanley
N Steele Y Stephens N Teper N Thomas.C
Thomas.M N Thompson N Thurmond N Titus N Tolbert N Townsend
Twiggs N Vaughan
Y Waddle N Walker.C
Walker.L N Wall N Ware N Watson
N Watts White
Y Wilder N Williams.B Y Williams,J N Yates Y Yeargin
Murphy.Spkr
FRIDAY, FEBRUARY 3, 1989
583
On the motion, the ayes were 54, nays 95. The motion was lost.
Representative Dover of the llth moved that HB 67 be recommitted to the Committee on Special Judiciary.
The motion prevailed.
The Speaker assumed the Chair.
HB 331. By Representative Groover of the 99th:
A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of a petition with a court for the according of a program of services to a mentally retarded person, so as to change the criteria for admission to residential facilities for the mentally retarded.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford YByrd Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Pelton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum N Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C N Oliver.M YOrr
N Orrock Y Padgett
Pannell Y Parham Y Parrish
Y Patten Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randal! Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman N Simpson
Y Sinkfield Smith.L
Y Smith.P Y Smith.T Y Smith, W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper N Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 156, nays 5. The Bill, having received the requisite constitutional majority, was passed.
Representative Williams of the 48th 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.
584
JOURNAL OF THE HOUSE,
HB 470. By Representatives Childers of the 15th, Richardson of the 52nd, Redding of the 50th, Hudson of the 117th, Moultrie of the 93rd and others:
A bill to amend Code Section 43-11A-18 of the Official Code of Georgia Annotated, relating to termination of the Georgia Board of Examiners of Licensed Dietitians, so as to change a 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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
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
Colwell Y Connell Y Couch
Cox Crawford Crosby Y Cummings.B Y Cummings.M Y Davis.C Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford 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.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens
Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle 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 Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 234. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates for federal and state office, so as to change certain provisions regarding challenges to the qualifications of certain candidates by certain electors.
The following Committee substitute was read and adopted:
A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions regarding challenges to the qualifications of certain
FRIDAY, FEBRUARY 3, 1989
585
candidates by the Secretary of State, county election superintendents, or municipal election superintendents; to change the time period during which certain electors may challenge the qualifications of certain candidates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (b) of Code Section 21-2-5, relating to qualifications of candidates for federal and state office, and inserting in its place a new subsection (b) to read as follows:
"(b) The Secretary of State upon his own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two days weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his qualifications are being challenged and the reasons therefor and shall advise the candidate that he is setting a hearing on the matter and shall inform the candidate of the date, time, and place of the hearing. The Secretary of State is authorized to designate any member of his office as a hearing officer who shall be authorized to conduct a hearing for the purpose of receiving testimony regarding the qualifications of any candidate. The hearing officer shall report his findings to the Secretary of State."
Section 2. Said title is further amended by striking subsection (b) of Code Section 21-2-6, relating to qualifications of candidates for county office, and inserting in its place a new subsection (b) to read as follows:
"(b) The superintendent upon his own motion may challenge the qualifications of any candidate referred to in subsection (a) of this Code section at any time prior to the election of such candidate. Within two days weeks after the deadline for qualifying, any elector who is eligible to vote for any such candidate may challenge the qualifications of the candidate by filing a written complaint with the superintendent giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the superintendent shall notify the candidate in writing that his qualifications are being challenged and the reasons therefor and shall advise the candidate that he is setting a hearing on the matter and shall inform the candidate of the date, time, and place of the hearing."
Section 3. Said title is further amended by striking subsection (b) of Code Section 21-3-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (b) to read as follows:
"(b) The superintendent upon his own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two days weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the superintendent, giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he is offering. Upon his own motion or upon a challenge being filed, the superintendent shall notify the candidate in writing that his qualifications are being challenged and the reasons therefor, advise the candidate that he is setting a hearing on the matter, and inform the candidate of the date, time, and place of the hearing."
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.
586
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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y 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 Y Couch
Cox Y Crawford
Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart
Felton Y Fennel
Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Y Hasty
Heard Y Herbert Y Holcomb
Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Smyre YSnow
Y Stancil,F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J
Yates 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.
HB 346. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county deputy registrars, so as to exempt certain chief deputy registrars from certain restrictions applicable to registrars and deputy registrars.
The report of the Committee, which was favorable to the passage of 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 Abernathy
Y Adams Aiken
Y Alford Alien
Y Athon Atkins
Y Bailey Y Baker Y Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck
Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Y Branch
Y Breedlove 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
Colwell Y Connell Y Couch
Cox
Y Crawford
Crosby Y Cummings,B
Cummings.M Y Davis.C Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover
FRIDAY, FEBRUARY 3, 1989
587
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford
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.B Y McKinney.C Y Meadows
Milam
Y Mobley
Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter
Y Poston
Y Powell Rainey
Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre
YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Steele
Y Stephens Y Teper
Y Thomas.C Y Thomas.M
Y Thompson
Y Thurmond
Y Titus Y Tolbert
Y Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts N White
Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representative White of the 132nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 401. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
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 reduce the residency requirement for certain county and municipal offices.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams
Aiken
Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Beck Y Benefield YBenn Birdsong Y Bishop Y Bostick Y Branch N Breedlove
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
Colwell
Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B
Cummings.M
Y Davis,C Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S N Dobbs
Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster
Y Godbee Y Goodwin
Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
Heard Y Herbert
Y Holcomb Y Holland
Y Holmes
Y Hooks N Howren
Y Hudson N Irwin
Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie N Mueller
Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
588
JOURNAL OF THE HOUSE,
Y Patten
Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom Y Ray
Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman
Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Y Smith.T
Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Y Steele Y Stephens Y Teper Y Thomas.C
Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L
Y Wall
Y Ware Y Watson Y Watts Y White
Wilder Williams.B
Y Williams,J N Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 149, nays 6. The Bill, having received the requisite constitutional majority, was passed.
HB 405. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections and primaries, so as to change certain provisions with respect to disclosing how a person voted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 238. By Representative Holmes of the 28th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of peace officer and retired peace officer.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding the employment and training of peace officers, so as to change the definition of retired peace officer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding the employment and training of peace officers, is amended by striking paragraph (9) and inserting in its place a new paragraph (9) to read as follows:
"(9) 'Retired peace officer' means a retired law enforcement officer who, prior to his retirement from service with the United States government, the state; or a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in paragraph (8) of this Code section. A retired peace officer1 may be certified or registered upon voluntarily complying with the certification or registration provisions of this chapter. Such term shall also mean a retired law enforcement officer who retired from service with the United States who meets all criteria as specified by the council for such classification; provided, however, that such classification shall not exempt such officer from satisfying the minimum employment and training requirements of this chapter if such officer is appointed or employed as a peace officer by the state or a subdivision or municipality thereof."
FRIDAY, FEBRUARY 3, 1989
589
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 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 464. By Representatives Reaves of the 147th, Godbee of the 110th, Balkcom of the 140th, Moody of the 153rd, Titus of the 143rd and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length of vehicles and loads, so as to provide an exemption for certain vehicles and combinations of vehicles from the maximum length requirements of such Code section.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Beck Benefleld YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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 Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.C
Davis.G Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Felton
Y Fennel Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKmney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver ,C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker,C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.
590
JOURNAL OF THE HOUSE,
HB 538. By Representatives Godbee of the 110th, Reaves of the 147th, Greene of the 130th, Branch of the 137th, Oliver of the 121st and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that certain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Y Carrell Y Carter
Chambless 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 Y Crosby Y Cummings,B Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Hanner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford 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.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morion Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman
Y Simpson
Y Sinkfield Y Smith,L Y Smith.P
Smith.T Y Smith, W
Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
Y White Wilder
Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HR 66. By Representative Greene of the 130th: A resolution designating the George S. Lee Causeway.
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 147, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
The Speaker Pro Tern assumed the Chair.
FRIDAY, FEBRUARY 3, 1989
591
HB 524. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relating to jury lists and the compilations and revision thereof; to change certain procedures; to provide for the creation of jury lists and boxes in counties using nonmechanical procedures and in counties using mechanical or electronic procedures.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 524 by inserting following the word and symbol "county." on line 9 of page 7 the following:
"Nothing in this article shall be construed to prohibit a citizen who is otherwise qualified from being included in both the trial and grand jury lists of the county. However, when a name which has already been drawn as a grand juror is also drawn for the same term as a trial juror, such name shall be returned to the trial jury box and another name shall be drawn in its stead."
By striking lines 19 through 27 of page 7 and inserting in their place the following:
"revised list has been properly created."
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 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 225. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of rehabilitated historic property under certain circumstances; to change the provisions relating to the assessment of tangible property; to provide for the preferential classification and assessment of rehabilitated historic property; to define the term "rehabilitated historic property"; to provide exceptions; to provide for applications for preferential classification and assessment of rehabilitated historic property; to provide for application fees; to provide procedures; to provide for determinations by the Department of Natural Resources; to provide that the" assessed value of certain property shall not be increased during certain
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JOURNAL OF THE HOUSE,
periods of time; to require certain duties to be performed by the county board of tax assessors; to provide which property qualifies as rehabilitative historic property; to provide for the payment of deferred taxes; to provide for administrative appeals and court review; to provide the effective date of preferential assessment of rehabilitated historic property; to provide for the classification of rehabilitated historic property on tax digests; to provide for the disqualification of property for preferential classification and assessment as rehabilitated historic property; to provide that certain property may again qualify for preferential classification and assessment as rehabilitated historic property; to provide that certain deferred taxes and interest shall constitute a prior lien; to provide for other matters related thrreto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, is amended by adding at the end of paragraph (1) of Code Section 48-5-2, relating to definitions applicable to said Chapter 5, a new subparagraph (C) to read as follows:
"(C) Fair market value of 'historic property' as such term is defined in subsection (a) of Code Section 48-5-7.2 means:
(i) For the first seven years in which the property is classified as 'rehabilitated historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2;
(ii) For the eighth year in which the property is classified as 'rehabilitated historic property,' the value of the property as determined by division (i) of this subparagraph plus one-third of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph;
(iii) For the ninth year in which the property is classified as 'rehabilitated historic property,' the value of the property as determined by division (i) of this subparagraph plus two-thirds of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iv) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph."
Section 2. Said article is further amended by striking in its entirety Code Section 48-5-7, relating to assessment of tangible property, and inserting in lieu thereof a new Code Section 48-5-7 to read as follows:
"48-5-7. (a) Except as otherwise provided in this Code section, taxable tangible
property shall be assessed at 40 percent of its fair market value and shall be taxed on
a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value.
(b) Tangible real property which is devoted to bona fide agricultural purposes as
defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for ad valorem property tax purposes at 75
percent of the value which other tangible real property is assessed and shall be taxed
on a levy made by each respective tax jurisdiction according to said assessment.
(c) Tangible real property which qualifies as rehabilitated historic property pursuant
to the provisions of Code Section 48-5-7.2 shall be assessed at 40 percent of its fair
market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. For the purposes of this sub-
section, the term 'fair market value' shall mean the fair market value of rehabilitated
historic property pursuant to the provisions of subparagraph (C) of paragraph (1) of
Code Section 48-5-2.
~~
~~
~
~~
4e) (d) The requirement contained in this Code section that all tax jurisdictions
assess taxable tangible property at 40 percent of fair market value shall not apply to
any tax jurisdiction whose ratio of assessed value to fair market value exceeded 40 per-
cent for the tax year 1971. No tax jurisdiction so exempted shall assess at a ratio of less
FRIDAY, FEBRUARY 3, 1989
593
than 40 percent except as necessary to effect the preferential assessment provided in subsection (b) of this Code section.
4tt) (e) Each notice of ad valorem taxes due sent to taxpayers of counties and municipalities shall include both the fair market value of the property of the taxpayer which is subject to taxation and the assessed value of the property after being reduced as provided by this Code section."
Section 3. Said article is further amended by adding between Code Sections 48-5-7.1 and 48-5-8 a new Code Section 48-5-7.2 to read as follows:
"48-5-7.2. (a) (1) For the purposes of this article, 'rehabilitated historic property' means tangible real property which:
(A) Qualifies for listing on the Georgia Register of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12;
(B) Is in the process of or has been substantially rehabilitated, provided that in the case of owner occupied residential real property the rehabilitation has increased the fair market value of the building or structure by not less than 50 percent, or, in the case of income-producing real property, the rehabilitation has increased the fair market value of the building or structure by not less than 100 percent, or, in the case of real property used primarily as residential property but partially as income-producing property, the rehabilitation has increased the fair market value of the building or structure by not less than 75 percent, provided that the exact percentage of such increase in the fair market value to be required shall be determined by rules and regulations promulgated by the Board of Natural Resources. For the purposes of this subparagraph, the term 'fair market value' shall mean the fair market value of the property, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2;
(C) The rehabilitation of which meets the rehabilitation standards as provided in regulations promulgated by the Department of Natural Resources; and
(D) Has been certified by the Department of Natural Resources as rehabilitated historic property eligible for preferential assessment. (2) The preferential classification and assessment of rehabilitated historic property provided for in this Code section shall apply to the building or structure which is the subject of the rehabilitation, the real property on which the building or structure is located, and not more than two acres of real property surrounding the building or structure. The remaining property shall be assessed for tax purposes as otherwise provided by law.
(3) Property may qualify as historic property only if substantial rehabilitation of such property was initiated after January 1, 1989, and only property which has been certified as rehabilitated historic property by the Department of Natural Resources after July 1, 1989, may qualify for preferential assessment.
(b) In order for property to qualify for preferential assessment as provided for in subsection (c) of Code Section 48-5-7, the property must receive certification as rehabilitated historic property as defined in paragraph (1) of subsection (a) of this Code section and pursuant to regulations promulgated by the Department of Natural Resources. Applications for certification of such property shall be accompanied by a fee specified by rules and regulations of the Board of Natural Resources. The Department of Natural Resources may, at its discretion, delegate its responsibilities conferred under subparagraph (a)(l)(C) of this Code section.
(c) Upon a property owner receiving preliminary certification pursuant to the provisions of subsection (b) of this Code section, such property owner shall submit a copy of such preliminary certification to the county board of tax assessors. A property owner shall have 24 months from the date that preliminary certification is received pursuant to subsection (b) of this Code section in which to complete the rehabilitation of such property in conformity with the application approved by the Department of Natural Resources. After receiving the preliminary certification from the property owner, the county board of tax assessors shall not increase the assessed value of such property during the period of rehabilitation of such property, not to exceed two years. During
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JOURNAL OF THE HOUSE,
such period of rehabilitation of the property, the county tax receiver or tax commissioner shall enter upon the tax digest a notation that the property is subject to preferential assessment and shall also enter an assessment of the fair market value of the property, excluding the preferential assessment authorized by this Code section. Any taxes not paid on the property as a result of the preliminary certification and frozen assessed value of the property shall be considered deferred until a final determination is made as to whether such property qualifies for preferential assessment as provided in this Code section.
(d) Upon the completion of the rehabilitation of such property, the property owner shall submit a request in writing for final certification to the Department of Natural Resources. The Department of Natural Resources shall determine whether such property as rehabilitated constitutes historic property which will be listed on the Georgia Register of Historic Places and which qualifies for preferential assessment. The Department of Natural Resources shall issue to the property owner a final certification if such property so qualifies.
(e) Upon receipt of final certification from the Department of Natural Resources, a
property owner desiring classification of any such historic property as rehabilitated historic property in order to receive the preferential assessment shall make application to
the county board of tax assessors and include the order of final certification with such application. The county board of tax assessors shall determine if the value of the building or structure has been increased in accordance with the provisions of subparagraph
(a)(l)(B) of this Code section; provided, however, that, if the property owner can document expenditures on rehabilitation of owner occupied property of not less than 50 per-
cent of the fair market value of the building or structure at the time of the preliminary certification of the property, or, in the case of income-producing property, expenditures on rehabilitation of such property of not less than 100 percent of the fair market value
of the building or structure at the time of preliminary certification of the property, or, in the case of real property used primarily as residential property but partially as
income-producing property, expenditures on rehabilitation of such property of not less than 75 percent of the fair market value of the building or structure at the time of preliminary certification of the property, the county board of tax assessors shall be required
to grant preferential assessment to such property. For the purposes of this subsection, the term 'fair market value' shall mean the fair market value of the building or structure, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section
48-5-2. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the
denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(f) A property owner who fails to have property classified as rehabilitated historic property and listed on the Georgia Register of Historic Places for the preferential assess-
ment shall be required to pay the difference between the amount of taxes on the property during the period that the assessment was frozen pursuant to the provisions of
subsection (c) of this Code section and the amount of taxes which would have been due had the property been assessed at the regular fair market value, plus interest at the rate prescribed in Code Section 48-2-40.
(g) (1) Property which has been classified by the county board of tax assessors as rehabilitated historic property shall be eligible for the preferential assessment pro-
vided for in subsection (c) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the preliminary certification was filed with the county
board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility.
(2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that
the property is subject to preferential assessment.
FRIDAY, FEBRUARY 3, 1989
595
(3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of rehabilitated historic property a value equal to the greater of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as rehabilitated historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation 'rehabilitated historic property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax receiver shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (C) of paragraph (1) of Code Section 48-5-2. (h) When property has once been classified and assessed as rehabilitated historic property, it shall remain so classified and be granted the special assessment until the property becomes disqualified by any one of the following:
(1) Written notice by the tax payer to the county tax commissioner or receiver to remove the preferential classification and assessment;
(2) Sale or transfer of ownership making the property exempt from property taxation;
(3) Decertification of such property by the Department of Natural Resources. The Department of Natural Resources has the authority to decertify any property which no longer possesses the qualities and features which made it eligible for the Georgia Register of Historic Places or which has been altered through inappropriate rehabilitation as determined by the Department of Natural Resources. The sale or transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as rehabilitated historic property. When for any reason the property or any portion thereof ceases to qualify as rehabilitated historic property, the owner at the time of change shall notify the Department of Natural Resources and the county board of tax assessors prior to the next January; or
(4) The expiration of nine years during which the property was classified and assessed as rehabilitated historic property; provided, however, that any such property may qualify thereafter as rehabilitated historic property if such property is subject to subsequent rehabilitation and qualifies under the provisions of this Code section. (i) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the Department of Natural Resources, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (j) (1) The taxes and interest deferred pursuant to this Code section shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but the deferred taxes and interest shall only be due, payable, and delinquent as provided in this Code section.
(2) Liens for taxes deferred under this Code section, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to Chapter 5 of Title 53."
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.
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JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 226. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning preservation, promotion, etc., of historic areas generally, so as to require the Historic Preservation Section of the Department of Natural Resources to establish, maintain, and expand a Georgia Register of Historic Places; to provide which properties shall be included in such register.
Representative Pannell of the 122nd moved that further consideration of HB 226 be postponed until Monday, February 6, 1989, immediately following the period of unanimous consents.
On the motion, the ayes were 108, nays 1. The motion prevailed.
The Speaker assumed the Chair.
HB 545. By Representative Chambless of the 133rd:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how liens are declared and created, records, commencement of actions, notices, and priorities, so as to provide for the filing of notices with the clerk of the superior court at the time certain actions in rem are filed; to provide for practices, procedures, and requirements connected therewith.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read:
HR 219. By Representatives Murphy of the 18th, Lee of the 72nd, Walker of the 115th, Edwards of the 112th, Groover of the 99th and Connell of the 87th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, February 3, 1989, and shall reconvene at 10:00 A.M. on Monday, February 6, 1989.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
FRIDAY, FEBRUARY 3, 1989
597
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcora Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M
Beck Benefield Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Carter Y Charabless
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 Y Cummings.M Y Davis.C Y Davis.G Y Davis,M
Dixon.H Y Dixon.S
Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Linder
Y Long YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston
Poag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution was adopted.
Y Sinkfield
Y Smith.L Y Smith.P
Smith.T Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil,S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts Y White
Wilder Williams.B Y Williams.J Y Yates Y Yeargin Murphy,Spkr
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 546. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend an Act which amended Chapter 1 of Title 51 of the Official Code of Georgia Annotated, and which provided that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age, so as to correct a typographical error in a cross-reference.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 473. By Representatives Cheeks of the 89th, Godbee of the 110th, Harris of the 84th, Bostick of the 138th and Greene of the 130th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
598
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 98, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 219. By Representatives Murphy of the 18th, Lee of the 72nd, Walker of the 115th, Edwards of the 112th, Groover of the 99th and Connell of the 87th:
A resolution relative to adjournment.
Pursuant to HR 219, the Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, February 6, 1989.
MONDAY, FEBRUARY 6, 1989
599
Representative Hall, Atlanta, Georgia Monday, February 6, 1989
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 Aiken Alford Alien Athon
Atkins Bailey
Baker
Balkcom Bannister Barfoot
Bargeron Barnett,B Beck Benefield Benn
Birdsong
Bishop Bostick Branch Breedlove Brooks Brown Buck Buford Byrd Carrell Carter Chambless
Chance Cheeks Childers
Clark.B Clark.H Clark.L Colbert Coleman Colwell
Connell
Couch Crawford Crosby Cummings.B Davis.C Davis.G Davis.M Dixon.S Dobbs Dover Dunn Edwards Ehrhart
Fennel
Floyd
Foster
Godbee
Goodwin
Green
Greene Gresham
Griffin
Groover
Hamilton
Harris
Hasty Heard Herbert Holcomb
Holland Holmes Hooks Howren Hudson Irwin Isakson Jackson,J Jamieson Jenkins Johnson Jones Kilgore Kingston Lane.D Lane.R
Langford
Lawrence
Lawson
Lee
Linder
Long
Lord
Lupton
Mangum
McCoy McKelvey
McKinney.B
McKinney.C Meadows Milam Mobley Moody Moore Morton Moultrie Mueller Oliver.C Oliver.M Orr Padgett Pannell Par ham
Parrish Patten Pettit Poag Porter
Poston Powell
Randall
Ransom
Ray
Reaves
Redding
Richardson
Ricketson
Robinson
Royal
Selman
Simpson Sinkfield Smith.L Smith.P Smith.W
Snow Stancil.F Stancil.S Stanley Steele Stephens Teper Thomas.C Thomas.M Thompson Thurmond Titus Tolbert Townsend Twiggs
Vaughan
Waddle
Walker,L
Wall
Watson
Watts
White
Wilder
Williams.B
Williams,J
Yates
Yeargin
Prayer was offered by the Reverend Dwight Ike" Reighard, Pastor, New Hope Baptist Church, Fayetteville, 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.
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JOURNAL OF THE HOUSE,
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 630. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Redding of the 50th and Milam of the 81st:
A bill to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, known as the "Dangerous Dog Control Law," so as to change the definition of a potentially dangerous dog; to change the provisions relating to identifying dangerous dogs or potentially dangerous dogs.
Referred to the Committee on Game, Fish & Parks.
HB 631. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to change certain provisions relating to authorized investments for bond proceeds; to authorize certain investment or reinvestment in certain bonds or obligations of any other state in the United States or of any county, municipality, or political subdivision of such other state.
Referred to the Committee on Banks & Banking.
HB 632. By Representatives Steele of the 97th, Buck of the 95th, Edwards of the 112th, Foster of the 6th and Greene of the 130th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for limited moped driving permits and the requirements for and use of such permits.
Referred to the Committee on Motor Vehicles.
HB 633. By Representatives Hamilton of the 124th and Bailey of the 72nd:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to interference with custody, so as to change the definition of the offense of interference with custody.
Referred to the Committee on Special Judiciary.
HB 634. By Representatives Steele of the 97th, Watts of the 41st, Adams of the 79th, Dobbs of the 74th, Alford of the 57th and others:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Annotated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, so as to provide for a definition.
Referred to the Committee on Judiciary.
MONDAY, FEBRUARY 6, 1989
601
HB 635. By Representative Reaves of the 147th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to requirements for licensing under the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide that certain persons who are exempt from licensing requirements may serve as supervisors under certain circumstances.
Referred to the Committee on State Planning & Community Affairs.
HB 636. By Representative Thurmond of the 67th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for an income tax credit for certain persons whose adjusted gross income does not exceed $10,000.00.
Referred to the Committee on Ways & Means.
HB 637. By Representatives Barnett of the 10th, Harris of the 84th and Birdsong of the 104th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, so as to change and revise the provisions regarding notification of the individual against whom such an execution has been issued.
Referred to the Committee on Judiciary.
HB 638. By Representatives Hooks of the 116th, Lawson of the 9th, Childers of the 15th and Parham of the 105th:
A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change the provisions regarding payment for services.
Referred to the Committee on Human Relations & Aging.
HB 639. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Cummings of the 17th, Parrish of the 109th 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 certain faculty and principal administrators of the University System of Georgia may elect to decline or withdraw membership in the teachers retirement system and become members of a retirement plan established by the Board of Regents of the University System of Georgia.
Referred to the Committee on Retirement.
HB 640. By Representative Colbert of the 23rd:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital statistics, so as to authorize a certificate of birth for a spontaneous fetal death.
Referred to the Committee on Health & Ecology.
602
JOURNAL OF THE HOUSE,
HB 641. By Representatives Lawson of the 9th, Williams of the 48th and Colbert of the 23rd:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that insurers and self-insurers for workers' compensation purposes shall be subrogated to the rights of injured employees or those entitled to recover on behalf of an injured or deceased employee against third-party tort-feasors.
Referred to the Committee on Industrial Relations.
HB 642. By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd, Randall of the 101st, Ray of the 98th and others:
A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the Superior Courts of the Macon Judicial Circuit, so as to change the provisions relating to the supplement to be paid out of the treasury of Bibb County to each judge of the superior courts of said circuit.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 643. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, so as to provide penalties and interest for late payment of amounts due to the system.
Referred to the Committee on Retirement.
HB 644. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th, Foster of the 6th and Griffin of the 6th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to authorize the issuance of special license plates to members of the Tennessee National Guard.
Referred to the Committee on Motor Vehicles.
HB 645. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 646. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.
MONDAY, FEBRUARY 6, 1989
603
HB 647. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensation of the personnel of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 648. By Representatives Alford of the 57th, Orrock of the 30th and Meadows of the 91st:
A bill to amend Code Section 30-3-2 of the Official Code of Georgia Annotated, relating to definitions relating to handicap access to public facilities, so as to provide that the provisions of Chapter 3 of Title 30, relating to handicap access to public facilities, shall apply to certain multifamily dwellings constructed for first occupancy after January 1, 1991.
Referred to the Committee on State Institutions & Property.
HB 649. By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the 10th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to create a new board of commissioners of Cherokee County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 651. By Representatives Stanley of the 33rd, Thurmond of the 67th, Dover of the llth, Randall of the 101st and Cummings of the 134th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for offenses against drug related criminal laws of this state.
Referred to the Committee on Judiciary.
HB 652. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to appointment of new members to the water and sewer authority board of directors.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 653. By Representative Smith of the 78th:
A bill to amend Code Section 7-1-286 of the Official Code of Georgia Annotated, relating to real estate loans, so as to exempt from the real estate loan requirements loans secured in whole or in part by real estate occupied by the borrower for residential purposes.
Referred to the Committee on Judiciary.
604
JOURNAL OF THE HOUSE,
HB 654. By Representatives White of the 132nd, Moore of the 139th, Sinkfield of the 37th and Dover of the llth:
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 the State Board of Technical and Adult Education to administer said Act.
Referred to the Committee on Education.
HB 655. By Representatives Kilgore of the 42nd and Harris of the 84th:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation in general, so as to provide that the sale in this state of a motor vehicle by a seller who is not regularly engaged in making retail sales of motor vehicles, and the first use, consumption, distribution, or storage within this state of such a vehicle purchased outside the state, shall be subject to all state and local sales and use taxes.
Referred to the Committee on Ways & Means.
HR 217. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris.
Referred to the Committee on Appropriations.
HR 218. By Representative Smith of the 78th: A resolution compensating Mr. Charles W. England.
Referred to the Committee on Appropriations.
HR 220. By Representatives Stanley of the 33rd, Thurmond of the 67th, Dover of the llth, Randall of the 101st and Cummings of the 134th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to levy an additional penalty in any drug related criminal case in which a court imposes a fine or orders the forfeiture of a bond.
Referred to the Committee on Judiciary.
HR 221. By Representatives White of the 132nd, Walker of the 85th, McKinney of the 35th, Holmes of the 28th, Orrock of the 30th and others:
A resolution requiring the State Department of Education to investigate hiring practices in the public schools of this state and to take certain actions to increase the availability of black teachers and other professional school personnel.
Referred to the Committee on Education.
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:
MONDAY, FEBRUARY 6, 1989
605
HB 666. By Representatives Wilder of the 21st, Holcomb of the 72nd, Isakson of the 21st and Bailey of the 72nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to delay the issuance of drivers' licenses to juveniles found to have committed certain unruly acts, status offenses, or delinquent acts; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the provisions relating to persons not to be issued drivers' licenses.
Referred to the Committee on Motor Vehicles.
HB 667. By Representatives Wilder of the 21st, Holcomb of the 72nd and Bailey of the 72nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that the principal of a school or the principal's designee shall, prior to the suspension or expulsion of any student, notify the appropriate law enforcement authority of the county or city in which the school is situated of any acts of the student which may violate certain laws.
Referred to the Committee on Education.
HB 670. By Representatives Couch of the 36th, Lane of the 27th, Alford of the 57th, Townsend of the 24th, Coleman of the 118th and others:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," to permit the use of interest earned on certain reserve funds to pay operating costs; to include interest earned on certain reserve funds in the definition of transit operating revenue.
Referred to the Committee on State Planning & Community Affairs.
HB 671. By Representative Morton of the 47th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 672. By Representative Stephens of the 68th:
A bill to amend Code Section 26-2-312 of the Official Code of Georgia Annotated, relating to wholesale fish dealers' licenses, so as to change certain fee provisions for nonresidents.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 673. By Representatives Selman of the 32nd and Lane of the 27th:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County," so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System.
Referred to the Committee on State Planning & Community Affairs - Local.
606
JOURNAL OF THE HOUSE,
HB 674. By Representatives Ware of the 77th, Groover of the 99th, Dunn of the 73rd, Kingston of the 125th, Jones of the 71st and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that the Commissioner of Insurance may exert jurisdiction over persons providing coverage for medical or dental services unless such persons can demonstrate that they are specifically subject to the exclusive jurisdiction of the federal government.
Referred to the Committee on Insurance.
HB 675. 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 one-half of the operating cost.
Referred to the Committee on Industry.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 603 HB 604 HB 605 HB 606 HB 607 HB 608 HB 609 HB 610 HB 611 HB 612 HB 613 HB 614 HB 615 HB 616 HB 617 HB 618 HB 619 HB 620 HB 621 HB 622
HB 623 HB 624 HB 625 HB 626 HB 627 HB 628 HB 629 HB 650 HR 215 SB 127 SB 150 SB 151 SB 175 SB 181 SB 199 SB 201 SB 202 SR 5 SR 22 SR 25
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 Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 552 Do Pass HR 171 Do Pass SB 117 Do Pass
MONDAY, FEBRUARY 6, 1989
607
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Holmes of the 28th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 351 Do Pass, by Substitute HB 407 Do Pass HB 408 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 71 Do Pass, as Amended HB 195 Do Pass, by Substitute
HB 443 Do Pass, as Amended HB 469 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 531 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
608
JOURNAL OF THE HOUSE,
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 121 Do Pass HR 191 Do Pass HR 192 Do Pass HR 197 Do Pass HR 198 Do Pass
HR 112 Do Pass HR 193 Do Pass HR 194 Do Pass HR 175 Do Pass
Respectfully submitted, Is/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back
to the House with the following recommendations:
HB 104 Do Pass, by Substitute HB 291 Do Pass, by Substitute
SB 51 Do Pass SB 52 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th 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 571 Do Pass HB 578 Do Pass HB 579 Do Pass
HB 583 Do Pass HB 602 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 585 Do Pass HB 240 Do Pass, by Substitute
MONDAY, FEBRUARY 6, 1989
609
Respectfully submitted, Is/ Coleman of the 118th
Chairman
By unanious consent, the following Bills of the House were taken up for consideration and read the third time:
HB 571. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Gillsville, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 578. By Representative Ware of the 77th:
A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 579. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A bill to provide for the terms of office and for the election of members of the Board of Education of Whitfield County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 583. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the name of the Catoosa County Water and Sewer District to the "Catoosa Utility District".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
610
JOURNAL OF THE HOUSE,
HB 602. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change the term of office of the mayor.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 253. By Senator Harris of the 27th:
A bill to place the clerk of the Superior Court of Monroe County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the clerk's office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees.
HB 347. By Representative Parrish of the 109th:
A bill to amend the "Emanuel County Development Authority Act," so as to change the provisions relating to exemptions from taxation.
HB 371. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the date for holding regular sessions of the board.
HB 373. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing a new charter for the City of Tifton, so as to change the terms of office of the Chairman and Vice-Chairman of the City Commission.
HB 434. By Representative Poag of the 3rd:
A bill to repeal an Act providing for the continued existence of the Board of Education of Murray County.
HB 445. By Representative Poag of the 3rd:
A bill to amend an Act providing for the Magistrate Court of Murray County, so as to change the compensation of the chief magistrate and magistrates.
MONDAY, FEBRUARY 6, 1989
611
SB 7. By Senator Kidd of the 25th:
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 change the provisions relating to restricted driving permits; to provide that a person whose driver's license has been suspended under certain circumstances for failure to have the minimum insurance required by law may apply to the Department of Public Safety for a restricted driving permit.
SB 26. By Senator Barnes of the 33rd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority.
SB 35. By Senators Stumbaugh of the 55th, Foster of the 50th and Taylor of the 12th:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of certain rates, plans, rating systems, or underwriting rules with the Commissioner of Insurance, so as to provide that no rate, rating plan, rating system, or underwriting rules shall become effective unless it has been approved by the Commissioner.
SB 43. By Senator Kidd of the 25th:
A bill to amend Code Section 43-4A-16 of the Official Code of Georgia Annotated, relating to the signing of a contract prior to termination of an athlete's college eligibility under the "Georgia Athlete Agents Regulatory Act of 1988," so as to require an athlete agent to provide notification upon the signing of an athlete to an agent contract prior to the termination of the athlete's college eligibility.
SB 46. 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 provide for the payment of overtime to employees in the classified service unless employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium.
SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Resources to acquire or construct water supply reservoirs; to authorize the department to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations, and local governments.
SB 133. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide for additional exemptions for certain equipment and provide for applicability; to provide an effective date.
612
JOURNAL OF THE HOUSE,
SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to authorize the use of electronic or automated methods or systems of record keeping.
SB 192. By Senator Brannon of the 51st:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the requirement that coroners take an annual training course; to change the amount of annual training required for certified coroners; to provide an effective date.
SB 214. By Senators Allgood of the 22nd and Bowen of the 13th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the definition of a "used car dealer"; to change the composition of the State Board of Registration of Used Car Dealers; to provide for licensure of certain persons operating as used motor vehicle dealers.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 7. By Senator Kidd of the 25th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to change the provisions relating to restricted driving permits; to provide that a person whose driver's license has been suspended under certain circumstances for failure to have the minimum insurance required by law may apply to the Department of Public Safety for a restricted driving permit.
Referred to the Committee on Motor Vehicles.
SB 26. By Senator Barnes of the 33rd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide funds for constructing, operating, and staffing county jails, county correctional institutions, and county detention facilities; to provide a short title; to provide a statement of purpose and authority.
Referred to the Committee on Judiciary.
SB 35. By Senators Stumbaugh of the 55th, Foster of the 50th and Taylor of the 12th:
A bill to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of certain rates, plans, rating systems, or underwriting rules with the Commissioner of Insurance, so as to provide that no rate, rating plan, rating system, or underwriting rules shall become effective unless it has been approved by the Commissioner.
Referred to the Committee on Insurance.
MONDAY, FEBRUARY 6, 1989
613
SB 43. By Senator Kidd of the 25th:
A bill to amend Code Section 43-4A-16 of the Official Code of Georgia Annotated, relating to the signing of a contract prior to termination of an athlete's college eligibility under the "Georgia Athlete Agents Regulatory Act of 1988," so as to require an athlete agent to provide notification upon the signing of an athlete to an agent contract prior to the termination of the athlete's college eligibility.
Referred to the Committee on Judiciary.
SB 46. 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 provide for the payment of overtime to employees in the classified service unless employees agree in writing to accept compensatory time in lieu of overtime pay; to provide for the computation of the overtime premium.
Referred to the Committee on State Planning & Community Affairs.
SB 86. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to authorize the Department of Natural Resources to acquire or construct water supply reservoirs; to authorize the department to operate and maintain projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations, and local governments.
Referred to the Committee on Natural Resources & Environment.
SB 133. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide for additional exemptions for certain equipment and provide for applicability; to provide an effective date.
Referred to the Committee on Health & Ecology.
SB 183. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior court, so as to revise the specified duties of the clerk of superior court generally; to provide that the clerk of superior court shall be authorized to consolidate or combine books, dockets, and indices; to authorize the use of electronic or automated methods or systems of record keeping.
Referred to the Committee on Judiciary.
SB 192. By Senator Brannon of the 51st:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change the provisions relating to the requirement that coroners take an annual training course; to change the amount of annual training required for certified coroners; to provide an effective date.
Referred to the Committee on Health & Ecology.
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JOURNAL OF THE HOUSE,
SB 214. By Senators Allgood of the 22nd and Bowen of the 13th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the definition of a "used car dealer"; to change the composition of the State Board of Registration of Used Car Dealers; to provide for licensure of certain persons operating as used motor vehicle dealers.
Referred to the Committee on Motor Vehicles.
SB 253. By Senator Harris of the 27th:
A bill to place the clerk of the Superior Court of Monroe County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the clerk's office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees.
Referred to the Committee on State Planning & Community Affairs - Local.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read:
HR 112. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd and Murphy of the 18th:
A resolution urging the Georgia Congressional Delegation to oppose the imposition of a federal tax on motor fuels, with the revenue generated thereby being used for general budgetary purposes.
HR 121. By Representatives Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A resolution inviting representatives of the City of Albany, Dougherty County, and the Albany Chamber of Commerce to appear before the House of Representatives for the purpose of making a presentation.
HR 191. By Representatives Griffin of the 6th, Foster of the 6th, Dover of the llth, Balkcom of the 140th, Twiggs of the 4th and others:
A resolution commending Chastity Carol Waters and inviting her to appear.
HR 192. By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address from His Excellency, Juan Antonio Samaranch, President, International Olympic Committee.
HR 193. By Representatives Smith of the 16th, Coleman of the 118th, Griffin of the 6th and Foster of the 6th:
A resolution congratulating Melissa Hope Griffin and inviting her to appear before the House of Representatives.
HR 194. By Representative Isakson of the 21st:
A resolution inviting the family of the late Honorable Carl Harrison to appear before the House of Representatives.
MONDAY, FEBRUARY 6, 1989
615
HR 197. By Representatives Johnson of the 123rd, Alien of the 127th, Kingston of the 125th, Dixon of the 128th and Mueller of the 126th:
A resolution commending William R. "Bill" Davis and inviting him to appear before the House of Representatives.
HR 198. By Representatives Connell of the 87th, Buck of the 95th, Pinkston of the 100th, Patten of the 149th, Parrish of the 109th and others:
A resolution commending Robert B. Shapiro and inviting him to appear before the House of Representatives.
HR 175. By Representatives Wilder of the 21st, Isakson of the 21st, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending Shan Hatfield and inviting him to appear before the House of Representatives.
On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Y Barfoot Y Bargeron Y Barnett.B Barnett.M YBeck Y Benefield Y Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks Brown Y Buck 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
Coleman Colwell Y Connell Couch Cox Crawford Y Crosby Cummings,B Cummings.M Y Davis.C Y Davis.G Y Davis.M Dixon.H
Y Dixon,S Dobbs Dover
Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd Foster
Y Godbee Y Goodwin
Y Green Y Greene Y Gresham
Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty Y Heard Y Herbert Y Holcomb
Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Morton Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Pinkston YPoag Porter Y Poston Y Powell Rainey Randall Ransom YRay Y Reaves Redding Y Richardson Ricketson Y Robinson Y Royal Selman Y Simpson
Sinkfield Smith.L Y Smith,? Smith.T Y Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Stanley Y Steele Y Stephens Y Teper Thomas.C Y Thomas.M Y Thompson Y Thurmond Titus Y Tolbert Townsend
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
On the adoption of the Resolutions, the ayes were 122, nays 0. The Resolutions were adopted.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
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JOURNAL OF THE HOUSE,
HB 257. By Representative Porter of the 119th:
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 of an incapacitated adult, so as to provide that in cases involving the creation or termination of a guardianship of the property of an adult who owns real property, the judge or clerk of the probate court shall be responsible for filing a certificate with the clerk of the superior court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 258. By Representative Porter of the 119th:
A bill to amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, so as to permit aliens lawfully admitted to the United States for permanent residence to act as executors; to change the circumstances under which nonresident executors and coexecutors shall be required to give bond.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 259. By Representative Porter of the 119th:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over the appointment of trustees and the acceptance of a trustee's resignation.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 525. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to the assessment of litigation costs and attorneys' fees for frivolous actions and defenses, so as to repeal the provisions which repeal such Code section on July 1, 1989.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 6, 1989
617
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Y Barfoot Bargeron Y Barnett.B Barnett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresbam Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Randall Y Ransom YRay Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Thompson Thurmond Y Titus Y Tolbert Y Townsend Twiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Barnett of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Under the general order of business, the following Bill of the House was again taken up for consideration:
HB 226. By Representatives Pannell of the 122nd, Cummings of the 17th, Snow of the 1st and Alien of the 127th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning preservation, promotion, etc., of historic areas generally, so as to require the Historic Preservation Section of the Department of Natural Resources to establish, maintain, and expand a Georgia Register of Historic Places; to provide which properties shall be included in such register.
The following amendment was read:
Representative Groover of the 99th moves to amend HB 226 by adding a new subsection to read as follows:
618
JOURNAL OF THE HOUSE,
"(f) After July 1, 1989 the Historic Preservation Section shall not cause any property to be placed on the Georgia Register of Historic places nor shall it or the historic preservation officer certify to federal authorities for placement on the National Register of Historic places unless it shall first determine that the local governing body of the county and, where applicable, of the city wherein the property is located shall have adopted a Resolution consenting to the placement of such property on such register. Any property placed on such register or registers without such consent shall not be eligible for any
tax incentives provided by the laws of this state"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Aaron N Abernathy Y Adams N Aiken
N Alford N Alien N Athon N Atkins
Y Bailey N Baker
N Balkcom N Bannister N Barfoot Y Bargeron N Barnett.B N Barnett.M YBeck
Y Benefield Y Benn N Birdsong N Bishop Y Bostick
Y Branch Y Breedlove Y Brooks N Brown NBuck Y Buford YByrd Y Carrell N Carter N Chambless N Chance N Cheeks N Childers Y Clark.B
N Clark.H N Clark.L N Colbert N Coleman
Y Colwell N Connell Y Couch
Cox Y Crawford Y Crosby N Cummings,B N Cummings.M N Davis.C N Davis,G Y Davis.M
Dixon.H N Dixon.S N Dobbs N Dover Y Dunn Y Edwards N Ehrhart
N Felton N Fennel N Floyd Y Foster Y Godbee N Goodwin
N Green Y Greene N Gresham Y Griffin Y Groover N Hamilton
N Hanner N Harris
Y Hasty N Heard N Herbert Y Holcomb
N Holland N Holmes N Hooks N Howren
Y Hudson N Irwin
N Isakson Y Jackson,J
Jackson.W Y Jamieson N Jenkins N Johnson
Y Jones Kilgore
Y Kingston N Lane.D
Y Lane.R Y Langford
N Lawrence Y Lawson YLee
Linder
YLong Y Lord Y Lucas N Lupton Y Mangum Y Martin N McCoy N McDonald N McKelvey Y McKinney,B
N McKinney.C N Meadows N Milam N Mobley
Y Moody Y Moore Y Morton N Moultrie N Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston
N Poag N Porter
N Poston Y Powell Y Rainey N Randall Y Ransom NRay Y Reaves N Redding N Richardson N Ricketson N Robinson Y Royal N Selman N Simpson
On the adoption of the amendment, the ayes were 63, nays 105. The amendment was lost.
N Sinkfield Y Smith.L Y Smith.P
Smith.T
N Smith.W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley N Steele N Stephens N Teper N Thomas.C
Thomas.M Y Thompson N Thurmond N Titus N Tolbert N Townsend Y Twiggs N Vaughan
Y Waddle Walker.C
Y Walker.L N Wall N Ware N Watson
Watts N White N Wilder N Williams.B Y Williams,J
N Yates Y Yeargin
Murphy,Spkr
Representative Kingston of the 125th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell
MONDAY, FEBRUARY 6, 1989
619
Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman N Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd N Foster
Godbee Y Goodwin Y Green Y Greene Y Gresham N Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W N Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder N Long NLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley N Moody N Moore Y Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston YPoag Y Porter Y Poston N Powell Rainey
Y Randall N Ransom
NRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson Y Sinkfield
N Smith.L Y Smith.P
Smith.T Y Smith, W
Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend N Twiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder
Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 151, nays 13. The Bill, having received the requisite constitutional majority, was passed.
Representative McDonald of the 12th arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 74. By Representatives Jamieson of the llth and Dover of the llth: A resolution designating the U. S. 441 Business Historic Route.
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 Abernathy
Y Adams Aiken
Y Alford Alien
Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove 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 Coleman
Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby
Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton
Y Fennel Floyd
Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Holmes
Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence
620
JOURNAL OF THE HOUSE,
Y Lawson YLee Y Linder YLong Y Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Moore
Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinks ton
YPoag
Y Porter Y Poston Y Powell Y Rainey Y Randall Y Hansom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Smith,L
Y Smith,? Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy ,Spkr
On the adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HB 51. By Representative Rainey of the 135th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need requirements, so as to exempt certain renal dialysis machines, equipment, and operations from the applicability of Chapter 6 of Title 31, relating to certificate of need.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions regarding state health planning, so as to exclude from certain definitions dialysis services and certain kidney disease treatment centers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions regarding state health planning, is amended by striking paragraphs (5) and (8) thereof and inserting in their respective places new paragraphs to read as follows:
"(5) 'Clinical health services' means diagnostic, treatment, or rehabilitative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, radiology; radiation therapy; surgery; intensive care; coronary care; pediatrics; gynecology; obstetrics; dialysis; general medical care; medical/surgical care; inpatient nursing care, whether intermediate, skilled, or extended care; cardiac catheterization; open-heart surgery; inpatient rehabilitation; and alcohol, drug abuse, and mental health services."
"(8) 'Health care facility" means hospitals; other special care units, including
including freestanding hemodialysis units and skilled nursing facilities; intermediate care facilities; personal care homes not in existence on the effective date of this chapter; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies."
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, FEBRUARY 6, 1989
621
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
Byrd Y Carrell 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
Cox Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Y Dover
Y Dunn
Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham
Y Griffin
Y Groover
Y Hamilton
Manner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson, W Jamieson Y Jenkins Y Jobnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney,B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore
Y Morton
Y Moultrie Y Mueller Y Oliver.C
Oliver, M
YOrr Orrock
Y Padgett Y Pannell Y Parham
Y Parrish
Patten Pettit Pinkston Y Poag Y Porter
Y Poston
Y Powell
Y Rainey
Y Randall
Y Ransom
YRay Y Reaves
Redding
Y Richardson
Y Ricketson
Robinson Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S Y Stanley
Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Yates 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.
HB 358. By Representatives Bishop of the 94th and Ware of the 77th:
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 the Commissioner of Insurance, when performing the rule-making duties of Commissioner of Insurance, shall be subject to the "Georgia Administrative Procedure Act" in addition to other laws.
The report of the Committee, which was favorable to the passage of 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 Abernathy
Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
YBenn Birdsong
Y Bishop
Y Bostick
Y Branch Y Breedlove
Y Brooks
Y Brown YBuck Y Buford YByrd
Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks
Y Childers Y Clark.B Y Clark.H
Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B Y Cummings.M
Y Davis.C
Y Davis.G
Y Davis.M
Dixon.H
Y Dixon.S
Y Dobbs
Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee
Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
622
JOURNAL OF THE HOUSE,
Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody
Y Moore
Y Morion
Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
YOrr
Y Orrock
Y Padgetl Y Pannell Y Parham Y Parrish Y Fallen Y Pettil Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal
Y Selman
Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Y Smyre
Y Snow
Y Stancil.F Y Stancil.S
Y Stanley
Y Sleele Stephens
Y Teper Y Thomas.C
Y Thomas.M
Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Walls Y White
Wilder Y Williams.B Y Williams.J
Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 269. By Representatives Brown of the 88th, Thurmond of the 67th, Randall of the 101st, Holmes of the 28th, Cheeks of the 89th and Bishop of the 94th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds for public works, and Code Section 36-10-4 of the Official Code of Georgia Annotated, relating to bonds of contractors, so as to provide for the acceptances and giving of letters of credit in lieu of certain bonds.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Alkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnelt.B Y Barnett.M
YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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 Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Fellon Y Fennel Y Floyd Y Fosler Y Godbee Y Goodwin
Y Green
Y Greene
Y Gresham
Y Griffin
Y Groover
Y Hamilton
Y Honner
Y Harris
Y Hasty
Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson
Y Irwin
Y Isakson
Y Jackson.J Jackson.W
Y Jamieson Y Jenkins Y Johnson
Y Jones
Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford 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.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orr
Y Orrock
Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston
YPoag
Y Porter
Y Poston
Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman
Y Simpson Y Sinkfield Y Smith.L
Y Smith.P
Smith.T
Y Smith.W
Y Smyre
YSnow
Y Stancil.F Y Slancil.S Y Stanley Y Sleele
Stephens
Y Teper Y Thomas.C Y Thomas.M Y Thompson
MONDAY, FEBRUARY 6, 1989
623
Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan
Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson
Y Watts Y White
Wilder Y Williams.B
Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 430. By Representative Twiggs of the 4th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the membership of the council; to provide for initial and regular 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 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 104. By Representative Heard of the 43rd: A resolution designating the Joel Cowan Parkway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 105. By Representative Heard of the 43rd: A resolution designating the Floy Farr Parkway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 19. By Representative Parham of the 105th: A resolution designating the Thomas Humphrey Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 105, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 207. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Abernathy of the 39th and others:
A bill to amend Code Section 33-30-4 of the Official Code of Georgia Annotated, relating to required provisions in group accident and sickness policies generally, so as to require group policies of accident and sickness insurance to contain a provision entitling the policyholder to a grace period for the payment of any premium except the first premium.
624
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 Abernathy
Y Adams Y Aiken
Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox
Y Crawford Y Crosby
Cummings,B Y Cummings.M Y Davis.C Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson
Y Jackson.J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey
Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal
Selman Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow
Y Stancil.F
Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J
Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 169. By Representatives Redding of the 50th, Powell of the 145th and Harris of the 84th:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to require applicants for retail dealer licenses to publish notices of intent.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to require applicants for retail dealer licenses to publish notices of intent; to provide for content of notice; to provide restrictions; to provide for proof of publication; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
MONDAY, FEBRUARY 6, 1989
625
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, is amended by adding, immediately following Code Section 3-4-26, a new Code Section 3-4-27 to read as follows:
"3-4-27. (a) No application for a retail dealer license for the sale of distilled spirits shall be acted upon until after the applicant has published, at least once a week for three consecutive weeks in the newspaper which publishes the legal advertisements of the county wherein such person proposes to engage in business, a notice of his intention to secure a retail dealer license. Such notice shall be in large boldface type and shall state:
(1) The type of license for which application has been filed; (2) The exact location of the place of business for which a license is sought; (3) The names and addresses of each owner of the business; and (4) If the applicant is a corporation, the names and titles of all corporate officers. (b) Proof of publication of the notice required by this Code section shall be attached to an application for a retail dealer license. (c) An applicant for a renewal license shall not be subject to the notice 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.
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter
Y Chambless N Chance Y Cheeks
Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Y Colwell N Connell Y Couch
Cox Y Crawford Y Crosby
Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Dixon.S N Dobbs Y Dover Y Dunn Y Edwards N Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson
YLee Y Linder
Long YLord Y Lucas
Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
Y McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley
Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish N Patten N Pettit
Pinks ton YPoag Y Porter
Y Poston Y Powell Y Rainey Y Randall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele' N Stephens Y Teper
Thomas.C Y Thomas.M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
626
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 152, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Appropriations and referred to the Committee on Judiciary:
HB 469. By Representative Thompson of the 20th:
A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers.
The following communication from the Secretary of State was received and read:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons, numbered 812 through 852, who have registered in the Docket of Legislative Appearance as of February 3, 1989, 3:00 p.m. in accordance with Georgia Law 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 3rd day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-nine and of the Independence of the United States of America the Two Hundred and Thirteenth.
(SEAL)
/s/ Max Cleland Secretary of State
812. Carrie King Downs Georgia Interconnect Assoc. 1600 Oakbrook Drive Suite 589 Norcross, Georgia 30247
813. Dexter Cantelou Georgia Interconnect Assoc. Ga. Burglar & Fire Alarm Association Frateral Order of Police (St. Lodge) 3000 Langford Road Building 2400 Norcross, Georgia 30071
814. Elizabeth Stewart Savannah Area Chamber of Commerce 222 W. Oglethorpe Avenue Savannah, Georgia 31499
815. Bernard T. Cleary Union Camp Corporation Post Office Box 570 Savannah, Georgia 31406
816. Gordon D. Giffin Long Aldridge & Norman 134 Peachtree Street Suite 1900 Atlanta, Georgia 30303
817. James E. Powell Independent Locksmiths Independent Dump Truck Owner Operators Suite 207 1991 Marietta Road Canton, Georgia 30114
818. John T. Sherrer Ga. Pharmaceutical Assoc. 833 Campbell Hill Street Marietta, Georgia 30060
MONDAY, FEBRUARY 6, 1989
627
819. G. Wayne Johnson Communication Workers of America (CWA) Post Office Box 2080 Stone Mountain, Ga. 30087
820. Lindy Thomas Junior League of Atlanta 1165 West Conway Drive Atlanta, Georgia 30327
821. D. F. Dunning Georgia Lottery Association 101 Cameron Circle Vinings, Georgia 30080
822. Mark D. Anthony Students for an Educated Ga. Georgia OOP Ga. Americans for Freedom Gwinnett Americans for Freedom 3246-E Windscape Village Lane Norcross, Georgia 30093
823. Roy Hanson Metropolitan Atlanta Crime Commission 100 Edgewood Avenue, Room 128 Atlanta, Georgia
824. Carla M. Leonard Citizen Post Office Box 1010 Riverdale, Georgia 30274
825. Carl P. Johnson Phillip Morris USA 100 Crescent Centre Parkway Suite 1260 Atlanta, Georgia 30084
826. Judson C. Greene #2325 American Assn. of Retired Persons 1332 Vista Leaf Drive Decatur, Georgia
827. Marty Nance Urban Residential Finance Auth. of The City of Atl. 44 Broad Street, Suite 503 Atlanta, Georgia 30303
828. Sam M. Poole Dupont Co. Conoco, Inc. Kayo Consol One American Place Baton Rouge, LA 70825
829. Richard A. Ray Atlanta Labor Council A.F.L.-C.I.O. 501 Pulliam Street, S.W. Suite 233 Atlanta, Georgia 30312
830. Janelle Ewing United Food & Commercial Workers Union Local 1063 5780 Old National Highway Atlanta, Georgia 30312
831. Lynne Christian Cobb County Republican Party 2799 Interlaken Drive Marietta, Georgia 30062
832. Elaine Lalonde Ga. League of Women Voters 100 Edgewood Avenue, #1010 Atlanta, Georgia 30303
833. Alfred T. Pitman Georgia Federal Bank 20 Marietta Street Atlanta, Georgia 30303
834. Grady Perry, Jr. Ga. League & Savings Inst. 41 Marietta Street, Suite 507 Atlanta, Georgia 30303
835. Garland C. "Gary" Moore Ross, Russell, Ellis & Bailey (Research Excellence, Inc.) 675 Ponce De Leon Ave., N.E. Suite 908 Atlanta, Georgia 30395
836. Sharon Teague Sharon Teague-SLOTO Post Office Box 88 Red Oak, Georgia 30272
837. Nancy Ruth Streetman Citizen Professional Assoc. of Georgia Educators Route 1 Braselton, Georgia 30517
838. Mary Farmer Hill, Rose & Farmer 1810 Rockridge Place, N.E. Atlanta, Georgia 30324
839. Rachel B. Champagne Metropolitan Atlanta Crime Commission Georgians for Victim Justice 100 Edgewood Avenue, Room 128 Atlanta, Georgia 30303
628
JOURNAL OF THE HOUSE,
840. Liane R. Levetan Metropolitan Atlanta Crime Commission Georgians for Victim Justice 2250 Chrysler Terrace Atlanta, Georgia 30345
841. Guy Mosier E.i. Dupont 4948 Bridgeport Way Norcross, Georgia 30092
842. John M. Willis Georgia Women's Coalition for Medical Freedom, Inc. Citizen Georgian's for Safe Food P.O. Box 5305 Atlanta, Georgia 30307
843. W. A. Bagwell Alliance of American Insurers Post Office Box 1 Gainesville, Georgia 30503
844. Thomas A. Player Aetna Insurance Company 75 Poplar Street Haas Howell Building Atlanta, Georgia 30303-2122
845. H. Evonne Yancey Kaiser Permanente 3355 Lenox Road, N.E. Atlanta, Georgia 30326
846. Quinn Hudson The Atlanta Assoc. of Life Underwriters Atlanta Brewing Co Deak International Limited The William Robb Group 3179 Peachtree Rd., Suite 200 Atlanta, Georgia 30305
847. M.K. Daniels Citizen 1201 W. Peachtree 39th Floor, IBM Tower Atlanta, Georgia 30309
848. Janet Long Citizen Post Office Box 395 Douglasville, Georgia 30133
849. Robert L. Infinger, Jr. The American Legion Depart, of Georgia 1900 Emery St., N.W. Suite 100-A Atlanta, Georgia 30318
850. Joann Gorrell Citizen Georgia Nurses Association 105 Melanie Circle Fairburn, Georgia 30213
851. Douglas A. Winship Students for an Educated Ga. 3716 Spring Creek Lane Atlanta, Georgia 30350
852. Milo Dakin Alabama Sports Assn., Inc. 750 Washington Ave. Suite 206 Montgomery, AL 36104
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, FEBRUARY 7, 1989
629
Representative Hall, Atlanta, Georgia Tuesday, February 7, 1989
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
Abernathy Adams Aiken Alford Alien Athon
Atkins Bailey Baker Balkcom Bannister Barfoot
Bargeron
Barnett.B
Barnett.M Beck
Benefield
Benn
Birdsong
Bishop Branch Breedlove Brooks Brown Buck Buford Byrd Carrell Chambless
Chance
Cheeks
Childers
Clark.B
Clark.H Clark.L
Colbert Coleman
Colwell Connell Couch Crawford Cummings.B Cummings.M Davis.C Davis.G Davis.M Dixon.S Dobbs
Dover Dunn
Edwards
Ehrhart
Felton
Fennel
Floyd Foster Godbee Good win
Green Greene Gresham Griffin
Groover
Hamilton
Manner
Harris Hasty Heard
Herbert Holcomb Holland Hooks Howren Hudson Irwin Isakson Jackson,J Jamieson Jenkins
Johnson Jones
Kilgore
Kingston Lane.D Lane.R Langford Lawrence Lawson
Lee Linder Long Lord Lucas Lupton
Mangum
McCoy McKinney.B McKinney.C Meadows Milam Mobley Moody
Moore Morton Moultrie
Mueller
Oliver.C
Orr Orrock Padgett Pannell
Parham
Parrish Patten Pettit Pinkston Poag Porter Poston Powell
Rainey Ransom Ray
Reaves Redding Richardson
Ricketson
Robinson Royal Selman Sinkfield Smith.L Smith,P Smith.W Snow Stancil.F Stancil.S Stanley Stephens
Teper Thomas.C Thomas.M Thompson Titus Tolbert Townsend Vaughan Waddle
Walker.L Wall Watson
Watts
Wilder
Williams.B Williams,J
Yates
Yeargin
Prayer was offered by the Reverend George V. Deadwyler, Pastor, Bethlehem Baptist Church, Clarkesville, 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.
630
JOURNAL OF THE HOUSE,
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 656. By Representative Branch of the 137th:
A bill to place the coroner of Ben Hill County on a salary in lieu of the fee system of compensation; to provide for a deputy coroner and a salary for the deputy coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 657. By Representative Hamilton of the 124th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to remove the authority for local school systems to employ attendance officers; to provide for the employment of school social workers in lieu of attendance officers.
Referred to the Committee on Education.
HB 658. By Representative Green of the 106th:
A bill to amend an Act relating to the Magistrate Court of Greene County, so as to change provisions relating to the compensation of the chief magistrate of that court and the number of the other magistrates of that court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 659. By Representative Lee of the 72nd:
A bill to create the Metropolitan Atlanta Olympic Games Authority as a body corporate and public, a political subdivision of the state, and a public corporation; to provide for a short title; to provide for definitions; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation.
Referred to the Committee on State Planning & Community Affairs.
HB 660. By Representative Lee of the 72nd:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create a Georgia State Games Commission.
Referred to the Committee on State Planning & Community Affairs.
HB 661. 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 and practice of chiropractors, so as to provide that chiropractors may receive profits from the sale of vitamins, minerals, or food supplements recommended by such chiropractors.
Referred to the Committee on Health & Ecology.
TUESDAY, FEBRUARY 7, 1989
631
HB 662. By Representative Colbert of the 23rd: A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the provisions relating to the corporate boundaries.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 663. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence.
Referred to the Committee on Motor Vehicles.
HB 664. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd and others: A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to establish the commencement date of the terms of office of councilors following an election.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 665. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for five alternate members of the Personnel Review Board and authorize alternate members to act as regular members under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 668. By Representatives Thompson of the 20th, Atkins of the 21st, Vaughan of the 20th, Clark of the 20th, Howren of the 20th and others:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, so as to change the date upon which the commission will be abolished.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 669. By Representative Bannister of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 676. By Representatives Thomas of the 69th, Chambless of the 133rd, Pettit of the 19th, Groover of the 99th and Walker of the 115th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, and Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change provisions relative to senior judges serving as judges of the superior courts; to change provisions relating to the compensation of senior judges so serving.
Referred to the Committee on Judiciary.
632
JOURNAL OF THE HOUSE,
HB 677. By Representative Hamilton of the 124th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary secondary education, so as to limit the authority for local school systems to employ attendance officers; to provide for the employment of school social workers in lieu of attendance officers.
Referred to the Committee on Education.
HB 678. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a change in the compensation of certain Newton County officials, so as to provide for a supplement for the Chairman of the Board of Commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 679. By Representative Adams of the 79th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other security and bonds so as to provide that in lieu of a performance bond or a payment bond, the state, a county, a municipal corporation, or any public board or body may accept a cashier's check, certified check, or cash in at least a certain amount for the protection and use of certain parties.
Referred to the Committee on State Planning & Community Affairs.
HB 680. By Representatives Royal of the 144th, Long of the 142nd and Titus of the 143rd:
A bill to provide for the Board of Education of Thomas County; to provide for the election and terms of members.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 681. By Representative Crawford of the 5th:
A bill to amend Code Section 47-13-72 of the Official Code of Georgia Annotated, relating to spouses' benefits coverage under the District Attorneys' Retirement System, so as to authorize spouses' benefits for the surviving spouse of a deceased district attorney under certain circumstances.
Referred to the Committee on Retirement.
HB 682. By Representative Alford of the 57th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for regulation of all-terrain vehicles.
Referred to the Committee on Motor Vehicles.
HB 683. By Representatives Groover of the 99th and Lucas of the 102nd:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from certain ad valorem taxation, so as to provide that property of certain hospital authorities which is used for purposes other than the delivering of medical services shall not be exempt from certain ad valorem property taxation except upon certain annual certification.
Referred to the Committee on Ways & Means.
TUESDAY, FEBRUARY 7, 1989
633
HB 684. By Representative Alford of the 57th:
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 Public Service Commission, so as to provide for definitions; to provide that the commission is authorized and directed to consider whether a utility is engaging in least cost planning.
Referred to the Committee on Industry.
HB 685. By Representative Yeargin of the 14th:
A bill to amend an Act providing a board of commissioners for the County of Elbert, so as to change the salary, compensation, per diem, and expenses of the chairman and other members of the Board of Commissioners of Elbert County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 686. By Representatives Watson of the 114th, Dunn of the 73rd, Snow of the 1st, Connell of the 87th, Oliver of the 53rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon requirements imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from outof-state mail order pharmacies.
Referred to the Committee on Industrial Relations.
HB 687. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and members of the board and provide for an expense allowance.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 688. By Representative Green of the 106th:
A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 689. By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the "Boiler and Pressure Vessel Safety Act," so as to change provisions relating to an exemption from certain requirements for certain pressure vessels used for the storage of liquefied propane gas.
Referred to the Committee on Industry.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:
634
JOURNAL OF THE HOUSE,
HB 705. By Representative Wilder of the 21st:
A bill to amend Code Section 43-11-73 of the Official Code of Georgia Annotated, relating to license renewal for dental hygienists, so as to provide for continuing education requirements for dental hygienists.
Referred to the Committee on Health & Ecology.
HB 716. By Representatives Crosby of the 150th and Coleman of the 118th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to unauthorized payments and overpayments of public assistance under social services programs, so as to provide for recovery when any person receives any unauthorized payment or overpayment.
Referred to the Committee on Ways & Means.
HB 717. By Representatives Richardson of the 52nd and Redding of the 50th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for a credit against Georgia personal income tax liability for certain persons whose Georgia ad valorem property tax liability on a homestead or farm for the preceding year is in excess of a specified percentage of the claimant's household income.
Referred to the Committee on Ways & Means.
HR 224. By Representatives Randall of the 101st and Johnson of the 123rd:
A resolution designating "Tutti Frutti" as the official rock and roll song of Georgia.
Referred to the Committee on Rules.
HR 225. By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st, Gresham of the 21st, Howren of the 20th and others:
A resolution creating the Governor's Private Sector Survey Committee on Cost Control in State Government.
Referred to the Committee on Rules.
HR 238. By Representatives Richardson of the 52nd and Redding of the 50th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to establish a program of tax relief for persons who are 65 years of age or over, which program may include, without being limited to, ad valorem property tax exemptions and income tax credits and rebates.
Referred to the Committee on Ways & Means.
HR 239. By Representatives Mangum of the 57th, Moore of the 139th, Athon of the 57th, Holcomb of the 72nd, Godbee of the 110th and others:
A resolution proposing an amendment to the Constitution to provide that no person shall be eligible to hold the office of State School Superintendent for more than two consecutive terms of office.
Referred to the Committee on Education.
TUESDAY, FEBRUARY 7, 1989
635
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 630 HB 631 HB 632 HB 633 HB 634 HB 635 HB 636 HB 637 HB 638 HB 639 HB 640 HB 641 HB 642 HB 643 HB 644 HB 645 HB 646 HB 647 HB 648 HB 649 HB 651 HB 652 HB 653 HB 654
HB 655
HB 666
HB 667
HB 670
HB 671
HB 672
HB 673
HB 674
HB 675
HR 217
HR 218
HR 220
HR 221
SB
7
SB 26
SB 35
SB 43
SB 46
SB 86
SB 133
SB 183
SB 192
SB 214
SB 253
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 344 Do Pass HB 364 Do Pass HB 451 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 574 Do Pass HB 102 Do Pass, by Substitute
HB 345 Do Pass, by Substitute SB 83 Do Pass
Respectfully submitted, /s/ Patten of the 149th
Chairman
636
JOURNAL OF THE HOUSE,
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 80 Do Pass HB 356 Do Pass
Respectfully submitted, Is/ Randall of the 101st
Chairman
Representative Lane of the 27th 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 303 Do Pass HB 411 Do Pass HB 609 Do Pass HB 610 Do Pass
HB 615 do Pass HB 621 Do Pass SB 168 Do Pass
Respectfully submitted, Is/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 303. By Representative Colbert of the 23rd:
A bill to amend an Act establishing a Municipal Court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal 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 411. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the maximum fine which may be imposed by the judge of the municipal court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 7, 1989
637
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 609. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the salary system of compensation, so as to change the provisions relating to the compensation of the tax commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 610. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the method of selection of the chief magistrate and other magistrates.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 615. By Representative Rainey of the 135th:
A bill to amend an Act reincorporating the City of Cordele and providing a new charter for said city, so as to change the provisions relating to the election and terms of office of the members of the City Commission; to revise completely the provisions relating to the court of said city and to provide for a municipal court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 621. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act creating the board of commissioners of Lowndes County, so as to change the provisions relating to the compensation of the members of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
638
JOURNAL OF THE HOUSE,
SB 168. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ideal; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 247. By Senator Baldwin of the 29th:
A bill to amend an Act creating a new charter for the City of LaGrange in Troup County, as amended, so as to authorize the Board of Education of the City of LaGrange to elect and appoint a Superintendent of the LaGrange School System for a term not to exceed four years.
SB 254. By Senator Edge of the 28th:
A bill to create and establish the Griffin-Spalding County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter commission and for the election of a chairman; to provide for the powers and duties of said commission.
HB 362. By Representatives Milam of the 81st and Ware of the 77th:
A bill to repeal an Act creating the Mountville Water Authority, so as to provide for a transfer of the assets and obligations of such Authority to the City of LaGrange.
HB 461. By Representative Meadows of the 91st:
A bill to amend an Act providing for the compensation of the chairman and members of the board of commissioners of Meriwether County, so as to change the maximum compensation of the chairman and members of the board of commissioners of Meriwether County.
HB 526. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act providing for the Joint County-Municipal Board of Registration and Elections for Dougherty County and the City of Albany, so as to change the provisions relating to membership of the joint board; to remove the supervisor of registration and elections from membership on the joint board.
TUESDAY, FEBRUARY 7, 1989
639
SB 44. By Senator Kidd of the 25th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to require contractors to provide payment bonds for the use and protection of persons supplying labor or materials to a subcontractor of the principal contractor.
SB 70. By Senators McKenzie of the 14th, Gillis of the 20th and Turner of the 8th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill operators; to provide for examinations; to provide for reciprocity; to provide for investigations; to provide for classification of sanitary landfills.
SB 119. By Senator Timmons of the llth:
A bill to amend Code Section 26-2-112 of the Official Code of Georgia Annotated, relating to exceptions to the provisions requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products, so as to change the exception relating to the slaughtering and processing of rabbits.
SB 141. By Senators Barnes of the 33rd and Starr of the 44th:
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 the regulation of dealers and suppliers of multiline heavy equipment; to define certain terms; to regulate the cancellation and renewal of agreements between dealers and suppliers; to provide for notice of intent to amend or cancel an agreement.
SB 145. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, so as to direct the judge of the probate court of each county to notify the Secretary of State of the name and mailing address of the journal or newspaper serving as the official organ of the county.
SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size.
SB 194. By Senators Foster of the 50th, Deal of the 49th and Walker of the 43rd:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create a Georgia State Games Commission; to define certain terms; to provide for purpose; to provide for the composition of the commission; to provide for the appointment and qualifications of members; to provide for the election of a chairman; to provide for meetings.
640
JOURNAL OF THE HOUSE,
SB 195. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-5-54 of the Official Code of Georgia Annotated, relating to mandatory suspension of drivers' licenses, so as to change certain provisions relating to offenses which require such mandatory suspension.
SB 196. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to the offense of fleeing or attempting to elude police officers, so as to provide for an increased criminal penalty in cases involving injuries to other persons.
SB 197. By Senators Peevy of the 48th, Deal of the 49th and Howard of the 42nd:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to clerks and chief clerks of the probate court, so as to authorize certain clerks or chief clerks to perform marriage ceremonies.
SB 198. By Senators English of the 21st and Gillis of the 20th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the definition of certain terms; to change the provisions relating to qualifications of applicants generally; to require applicants for licensure as apprentice auctioneers or auctioneers to submit bonds; to provide that bonds shall be payable to the commission.
SB 236. By Senators Olmstead of the 26th, Albert of the 23rd, 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 require all state departments and agencies to prepare and publish quarterly aging reports of vendor invoices which have not been paid within certain periods of time.
SB 225. By Senators English of the 21st, Kennedy of the 4th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in livestock, so as to provide for the licensing and inspection of rendering and disposal plants and collection centers; to provide for definitions; to provide for licensing; to provide for construction and sanitation requirements.
SB 241. By Senators Langford of the 35th, Kidd of the 25th, Walker of the 43rd and others:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, so as to extend the existence of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
HB 5. By Representative Watson of the 114th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions with respect to the sale of business opportunities, so as to change the definition of the term "business opportunity".
TUESDAY, FEBRUARY 7, 1989
641
HB 7. By Representative Lane of the 27th:
A bill to amend Code Section 31-31-7 of the Official Code of Georgia Annotated, relating to the repeal of the law providing for the State Boxing Commission and the abolition of such commission, so as to change the date for the termination of such commission and for the repeal of such law.
HB 15. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
HB 64. By Representative Wall of the 61st:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person may be charged with the criminal offense of serious injury by vehicle when such person does serious bodily injury to another while driving recklessly, eluding an officer, or failing to render aid and assistance.
HB 101. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-2-30, relating to issuance of license plates, so as to repeal the authorization for use of a surety bond to purchase 75 percent of a license plate.
HB 159. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Stephens of the 68th, Cheeks of the 89th and others:
A bill to amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to specifically include the board of regents and all units of the university system in the definition of state agencies participating in the program and authorized to make deductions from the salaries or wages of their employees.
HB 160. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-391 of the Official Code of Georgia Annotated, relating to the authorization and applicability of the state student incentive grant program, so as to remove the maximum amount of the grant and authorize the board of directors of the Georgia Student Finance Authority to establish the maximum award subject to state appropriations.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
642
JOURNAL OF THE HOUSE,
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 422. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 44. By Senator Kidd of the 25th:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds and other bonds required on contracts with the state and other political subdivisions for public works, so as to require contractors to provide payment bonds for the use and protection of persons supplying labor or materials to a subcontractor of the principal contractor.
Referred to the Committee on Judiciary.
SB 70. By Senators McKenzie of the 14th, Gillis of the 20th and Turner of the 8th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the management, handling, and disposal of solid waste, so as to provide for definitions; to provide for certification of sanitary landfill operators; to provide for examinations; to provide for reciprocity; to provide for investigations; to provide for classification of sanitary landfills.
Referred to the Committee on Natural Resources & Environment.
SB 119. By Senator Timmons of the llth:
A bill to amend Code Section 26-2-112 of the Official Code of Georgia Annotated, relating to exceptions to the provisions requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products, so as to change the exception relating to the slaughtering and processing of rabbits.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 141. By Senators Barnes of the 33rd and Starr of the 44th:
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 the regulation of dealers and suppliers of multiline heavy equipment; to define certain terms; to regulate the cancellation and renewal of agreements between dealers and suppliers; to provide for notice of intent to amend or cancel an agreement.
Referred to the Committee on Motor Vehicles.
TUESDAY, FEBRUARY 7, 1989
643
SB 145. By Senator Barnes of the 33rd:
A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to selection of journals and newspapers as official county organs, so as to direct the judge of the probate court of each county to notify the Secretary of State of the name and mailing address of the journal or newspaper serving as the official organ of the county.
Referred to the Committee on Judiciary.
SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size.
Referred to the Committee on Governmental Affairs.
SB 194. By Senators Foster of the 50th, Deal of the 49th and Walker of the 43rd:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create a Georgia State Games Commission; to define certain terms; to provide for purpose; to provide for the composition of the commission; to provide for the appointment and qualifications of members; to provide for the election of a chairman; to provide for meetings.
Referred to the Committee on State Planning & Community Affairs.
SB 195. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-5-54 of the Official Code of Georgia Annotated, relating to mandatory suspension of drivers' licenses, so as to change certain provisions relating to offenses which require such mandatory suspension.
Referred to the Committee on Motor Vehicles.
SB 196. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to the offense of fleeing or attempting to elude police officers, so as to provide for an increased criminal penalty in cases involving injuries to other persons.
Referred to the Committee on Motor Vehicles.
SB 197. By Senators Peevy of the 48th, Deal of the 49th and Howard of the 42nd:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to clerks and chief clerks of the probate court, so as to authorize certain clerks or chief clerks to perform marriage ceremonies.
Referred to the Committee on Judiciary.
644
JOURNAL OF THE HOUSE,
SB 198. By Senators English of the 21st and Gillis of the 20th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change the definition of certain terms; to change the provisions relating to qualifications of applicants generally; to require applicants for licensure as apprentice auctioneers or auctioneers to submit bonds; to provide that bonds shall be payable to the commission.
Referred to the Committee on State Planning & Community Affairs.
SB 225. By Senators English of the 21st, Kennedy of the 4th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to the control of infectious or contagious diseases in livestock, so as to provide for the licensing and inspection of rendering and disposal plants and collection centers; to provide for definitions; to provide for licensing; to provide for construction and sanitation requirements.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 236. By Senators Olmstead of the 26th, Albert of the 23rd, 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 require all state departments and agencies to prepare and publish quarterly aging reports of vendor invoices which have not been paid within certain periods of time.
Referred to the Committee on State Planning & Community Affairs.
SB 241. By Senators Langford of the 35th, Kidd of the 25th, Walker of the 43rd and others:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, so as to extend the existence of the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
Referred to the Committee on Motor Vehicles.
SB 247. By Senator Baldwin of the 29th:
A bill to amend an Act creating a new charter for the City of LaGrange in Troup County, as amended, so as to authorize the Board of Education of the City of LaGrange to elect and appoint a Superintendent of the LaGrange School System for a term not to exceed four years.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 254. By Senator Edge of the 28th:
A bill to create and establish the Griffin-Spalding County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter commission and for the election of a chairman; to provide for the powers and duties of said commission.
Referred to the Committee on State Planning & Community Affairs - Local.
TUESDAY, FEBRUARY 7, 1989
645
By unanimous consent, the following Bill of the House was withdrawn from the general calendar and recommitted to the Committee on Judiciary:
HB 252. By Representatives Robinson of the 96th, Groover of the 99th and Bishop of the 94th:
A bill to amend Chapter 1 of Title 13 of the Official Code of Georgia Annotated, relating to contracts in general, so as to provide a statutory determination of what constitutes a trade secret; to provide that contractual rights or other rights relating to trade secrets shall be construed according to such statutory determination.
The following Resolution of the House, favorably reported by the Committee on Agriculture and Consumer Affairs, was read and adopted:
HR 171. By Representatives Branch of the 137th, Reaves of the 147th, Moody of the 153rd, Moore of the 139th, Smith of the 16th and others:
A resolution urging a delay in the reintroduction of the federal "Farm Conservation and Water Protection Act of 1988".
The Speaker Pro Tern assumed the Chair.
Under the general order of business, the following Bill of the House was again taken up for consideration:
HB 221. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each member of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district.
The following Committee substitute was read:
A BILL
To amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to require each member of the State Board of Education to hold annual public hearings within the member's respective congressional district to hear testimony from citizens and educators within the congressional district regarding the performance and problems of public education within the district; to provide procedures, requirements, and 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 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, is amended by adding immediately following Code Section 20-2-5 a new Code Section 20-2-5.1 to read as follows:
"20-2-5.1. (a) Each member of the State Board of Education shall hold one or more public hearings annually in the respective congressional district from which the member was appointed. The purpose of the public hearing shall be to hear testimony from interested citizens and educators within the congressional district regarding the performance and problems of public education within the congressional district. The public hearing
646
JOURNAL OF THE HOUSE,
will be held in an appropriate public building located within the respective congressional district. Each board member shall attempt to hold the public hearings at locations throughout such member's respective congressional district. The public hearing will begin at 7:00 P.M. if held on Monday through Friday or at 10:00 A.M. if held on Saturday. No public hearing required by this Code section shall be held on Sunday.
(b) A member of the State Board of Education holding a public hearing required by this Code section shall:
(1) Cause a notice of the date, time, place, and purpose of the public hearing to be published in the official legal organ of each county wholly or partially within the congressional district at least once during each of two consecutive weeks immediately preceding the week during which the hearing is held;
(2) Issue a press release to the print and broadcast media serving the congressional district announcing the date, time, place, and purpose of the public hearing; and
(3) Take such other action as may be necessary to bring the public hearing to the attention of the public and to encourage public attendance at and participation in the public hearing. (c) A member of the State Board of Education shall constitute a committee of one for the purpose of holding a public hearing required by this Code section and, in connection therewith, shall be entitled to receive the per diem and expenses provided for by Code Section 20-2-9. (d) The costs incurred in holding public hearings required by this Code section shall come from funds appropriated or available to the State Department of Education."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and lost:
Representative Redding of the 50th moves to amend HB 221 by deleting from line 3 of page 1 the word "require" and inserting in lieu thereof the words "provide that".
"mayB"y. deleting from line 4 of page 1 the word "to" and inserting in lieu thereof the word
By deleting from line 19 of page 1 the word "shall" and inserting in lieu thereof the word "may".
By deleting from line 6 of page 2 the word "required" and inserting in lieu thereof the word "authorized".
By deleting from line 34 of page 2 the word "shall" and inserting in lieu thereof the word "may".
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 Abernathy N Adams
Y Aiken
Y Alford Y Alien Y Athon N Atkins
Bailey Baker
N Balkcom
N Bannister N Barfoot
Y Bargeron
Y Barnett.B N Barnett.M N Beck Y Benefield
Y Benn Y Birdsong
Y Bishop
Y Bostick N Branch
Y Breedlove
Y Brooks Brown
N Buck N Buford
N Byrd N Carrell
Y Carter
Chambless N Chance
N Cheeks
Y Childers Y Clark.B Y Clark.H N Clark.L
Y Colbert Y Coleman
N Colwell
Connell Y Couch
Cox
N Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G
TUESDAY, FEBRUARY 7, 1989
647
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs N Dover Y Dunn Y Edwards Y Ehrhart Y Felton N Fennel
N Floyd
Y Foster Y Godbee Y Goodwin
Green Y Greene
Y Gresham Y Griffin
Groover
Y Hamilton
Y Banner
N Harris N Hasty
N Heard N Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson N Irwin Y Isakson Y Jackson.J
Jackson.W N Jamieson
N Jenkins
Y Johnson Y Jones Y Kilgore N Kingston Y Lane.D
N Lane.R Y Langford
Y Lawrence
Y Lawson
Y Lee
Y Linder Y Long
Y Lord Lucas
Y Lupton
Mangum N Martin Y McCoy
McDonald Y McKelvey Y McKinney.B Y McKinney,C N Meadows Y Milam N Mobley
N Moody
N Moore Y Morton N Moultrie N Mueller N Oliver.C
Y Oliver.M Y Orr
Y Orrock
Y Padgett
Y Pannell
N Parham N Parrish
N Patten Y Pettit Y Pinkston
N Poag Y Porter N Poston Y Powell
Rainey Y Randall N Ransom N Ray N Reaves Y Redding
Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
N Smith.P
Smith.T
Y Smith.W
Y Smyre Y Snow
Y Stancil,F Y Stancil.S Y Stanley
N Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs
Y Vaughan N Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson
Y Watts
Y White
Wilder
Y Williams.B Y Williams.J
N Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 113, nays 49.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:
HR 98. By Representative Mobley of the 64th:
A resolution authorizing the State of Georgia, acting by and through its State Properties Commission, to grant to the City of Winder an easement upon and under certain real property owned by the State of Georgia and located in Barrow County, Georgia, for the construction, operation, maintenance, repair, replacement, and improvement of certain water service facilities.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford
Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton
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JOURNAL OF THE HOUSE,
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Moultrie
Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom Y Ray
Y Reaves Redding
Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley
Steele Y Stephens Y Teper Y Thomas.C
Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J
Y Yates Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
The Speaker assumed the Chair.
The following Resolution of the House was read and adopted:
HR 223. By Representative Jackson of the 9th: A resolution commending the Georgia Recreation and Park Society.
Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 229. By Representatives Thomas of the 31st, Pannell of the 122nd, Oliver of the 53rd, Stanley of the 33rd, Orrock of the 30th and others:
A bill to amend Code Section 24-2-3 of the Official Code of Georgia Annotated, relating to the admissibility of certain evidence in a prosecution for rape, so as to change the exceptions to the inadmissibility of certain evidence in a prosecution for rape.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 229 by adding on line 19 of page 2 immediately following the word "section" the following:
"or is so highly material that it will substantially sup a conclusion that the accused reasonably believed that the complaining witness consented to the conduct complained of in the prosecution and that the reception of the evidence is in the interest of justice".
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:
TUESDAY, FEBRUARY 7, 1989
649
Y Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown Y Buck Y Buford YByrd Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
N Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Smith.W Y Smyre Y Snow Stancil.F Y Stancil.S Y Stanley Steele Y Stephens Y Teper Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts Y White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 143, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Steele of the 97th and Isakson of the 21st 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 Speaker Pro Tern assumed the Chair.
HR 71. By Representatives Abernathy of the 39th, Lord of the 107th, Walker of the 115th, Groover of the 99th, Howren of the 20th and others:
A resolution relative to the use of the Georgia National Guard to assist in the fight against drugs.
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 Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Atkins
Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove
Y Brooks Brown
Y Buck Y Buford YByrd
Carrell Y Carter Y Chamblesi
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Colbert Coleman
650
JOURNAL OF THE HOUSE,
Y Colwell Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
God bee Y Goodwin
Y Green Y Greene
Gresham Y Griffin
N Groover
Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson.J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
Lee Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Parham
Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter
Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal
Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith,W Y Smyre YSnow
Stancil,F
Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Watson
Y Watts Y White
Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 144, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
HB 240. By Representatives Crosby of the 150th, Coleman of the 118th, Walker of the 115th, McDonald of the 12th, Johnson of the 123rd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a job tax credit for certain business enterprises in certain counties which have been designated by the Department of Community Affairs and certified by the state revenue commissioner as less developed areas.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a job tax credit for certain business enterprises in certain counties which have been designated by the commissioner of community affairs as less developed areas; to provide for a definition; to provide for powers, duties, and authority of the commissioner of community affairs and the state revenue commissioner with respect to such credit; to provide for certain adjustments to such credit; to provide for transfer and continuation of such credit under certain circumstances; to authorize such credit to be carried forward from the close of certain taxable years; 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 7 of Title 48 of the Official Code of Georgia, relating to the imposition, rate, and computation of income taxes, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-7-40, to read as follows:
"48-7-40. (a) As used in this Code section, the term 'business enterprise' means any business which is engaged in manufacturing, warehousing and distribution, processing, and research and development industries. Such term shall not include retail businesses.
TUESDAY, FEBRUARY 7, 1989
651
(b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the lower 25 percent of all counties in this state using a combination of the following factors:
(1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available; and (4) Average weekly manufacturing wage according to the most recent data available. (c) The commissioner of community affairs shall be authorized to include in the designation provided for in subsection (b) of this Code section any county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a less developed area. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is removed from the list of less developed areas. (e) Business enterprises in counties designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $1,000.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of fulltime employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten or more in a less developed area shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below ten. Any credit received for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year."
Section 2. This Act shall become effective January 1, 1990, and shall be applicable to all taxable years beginning on and after January 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
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JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston
Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C Y Walker.L Y Wall
Ware Watson Watts Y White Wilder Y Williams.B Williams.J Yates 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.
HB 30. By Representative Alien of the 127th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, prohibiting trafficking in certain controlled substances and marijuana, so as to change the provisions relating to penalties.
The following amendment was read and adopted:
The House Committee on Judiciary moves to amend HB 30 by striking "200 150" from line 23 on page 1 and inserting in its place "200".
By striking "ten 15" from line 25 of page 1 and inserting in its place "ten". By striking "360 150" from line 2 of page 2 and inserting in its place "200". By striking "400 300" from line 3 of page 2 and inserting in its place "400". By striking "16 20" from line 5 of page 2 and inserting in its place "15". By striking "400 300" from line 8 of page 2 and inserting in its place "400".
TUESDAY, FEBRUARY 7, 1989
653
By striking "2-6 30" from line 10 of page 2 and inserting in its place "25".
By striking "460 50" from line 26 of page 3 and inserting in its place "100" and by striking "2,000 500" from said line 26 and inserting in its place "2,000".
By striking "2,000 500" from line 32 of page 3 and inserting in its place "2,000".
By striking "10,000 5,000" from lines 32 and 33 of page 3 and inserting in its place "10,000".
By striking "10,000 5,000" from line 4 of page 4 and inserting in its place "10,000".
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford 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.B
Y McKinney.C Y Meadows
Milam Y Mobley
Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 165. By Representative Dover of the llth:
A resolution authorizing the conveyance of certain state owned real property located in White County, Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
654
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett,M YBeck Y Benefield
Benn Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y 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
Coleman Y Colwell
Connell Y Couch
Cos Y Crawford
Y Crosby Cummings,B
Y Cummings.M Davis.C
Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson, W Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C
Y Meadows
Milam Y Mobley Y Moody Y Moore
Y Morton
Y Moultrie Y Mueller
Oliver.C
Y Oliver.M
YOrr
Y Orrock
Y Padgett
Y Pannell
Y Parham
Y Parrish
Y Patten
Pettit Y Pinkston
YPoag
Porter Poston Y Powell Y Rainey Y Randall Y Ransom
YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal
Y Selman
Y Simpson
Y Sinkfield
Smith.L
Y Smith.P
Y Smith.T
Y Smith.W
Y Smyre
YSnow
Y Stancil.F
Y Stancil.S
Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas, M Y Thompson
Y Thurmond
Y Titus
Y Tolbert
Townsend
Y Twiggs Y Vaughan
Waddle Y Walker.C Y Walker.L
Y Wall
Y Ware
Y Watson
Y Watts White Wilder
Y Williams.B
Y Williams,J Yates
Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HR 99. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun.
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless
Y Chance Cheeks
Y Childers
Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Y Colwell
Connell
Y Couch Cox
Y Crawford Y Crosby
Cummings.B
Cummings.M
Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd N Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
TUESDAY, FEBRUARY 7, 1989
655
Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M Y Orr
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield Y Smith,L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 158, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
HR 101. By Representative Langford of the 7th:
A resolution authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to the City of Calhoun.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 100, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 351. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature.
The following Committee substitute was read and adopted:
A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing; to provide for certain duties of the office of the Secretary of State; 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 paragraphs (2) and (3) of subsection (g) of Code Section 21-2-132, relating to filing a notice of candidacy, nomination petition, and affidavit, and inserting in their places new paragraphs (2) and (3), respectively, to read as follows:
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JOURNAL OF THE HOUSE,
"(2) Each person signing a qualifying petition shall declare therein that he is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any, and date of birth. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation.
(3) A qualifying petition shall be eft one ef more sheets consist of cards of uniform size and each card shall contain only one signature different sheets must be used by signers resident m different counties. Such cards shall be provided by the office of the Secretary of State. The upper portion of each sheet card, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business, or occupation, if any, his place of residence with street and number, if any, the name of the office he is seeking, his political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they Such cards shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet card shall be arranged by county, in alphabetical order, and numbered consecutively, beginning with number one, at the foot of each page card. Each sheet card shall bear on the bottom or back thereof the affidavit of the circulator of such sheet card, setting forth:
(A) His residence address, giving municipality with street and number, if any; (B) That each the signer manually signed his own name with full knowledge of the contents of the qualifying petition; (C) That each the signature on such sheet card was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are signer is a registered electors elector of the state qualified to sign the petition, that their respective residences are the residence of the elector is correctly stated in the petition, and that they aH reside the elector resides in the county named in the affidavit."
Section 2. Said title is further amended by striking paragraphs (2) and (3) of subsection (a.l) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in their places new paragraphs (2) and (3), respectively, to read as follows:
"(2) Each person signing a qualifying petition shall declare therein that he is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any, and date of birth. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation.
(3) A qualifying petition shall be en one er more sheets consist of cards of uniform size and different sheets must be used by signers resident m different counties each card shall contain only one signature. Such cards shall be provided by the office of the Secre-
tary of State. The upper portion of each sheet card, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business, or
occupation, if any, his place of residence with street and number, if any, the name of the office he is seeking, his political party or body affiliation, if any, and the name and
date of the election in which the candidate is seeking election. If more than one sheet is used, they Such cards shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet card shall be arranged by
county, in alphabetical order, and numbered consecutively, beginning with number one,
TUESDAY, FEBRUARY 7, 1989
657
at the foot of each page card. Each sheet card shall bear on the bottom or back thereof the affidavit of the circulator of such sheet card, setting forth:
(A) His residence address, giving municipality with street and number, if any; (B) That each the signer manually signed his own name with full knowledge of the contents of the qualifying petition; (C) That each the signature on such sheet card was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are signer is a registered electors elector of the state qualified to sign the petition, that thew respective residences are the residence of the elector is correctly stated in the petition, and that they aH reside the elector resides in the county named in the affidavit."
Section 3. Said title is further amended by striking subsections (c) and (d) of Code Section 21-2-170, relating to nomination of candidates by petition, and inserting in their places new subsections (c) and (d), respectively, to read as follows:
"(c) Each person signing a nomination petition shall declare therein that he is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his signature his residence address, giving municipality, if any, and county, with street and number, if any, and date of birth. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate, except any political body seeking to have the names of its candidates for the offices of presidential electors placed upon the ballot through nomination petitions shall not compile a separate petition for each candidate for such office, but such political body shall compile its petitions so that the entire slate of candidates of such body for such office shall be listed together on the same petition. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation.
(d) A nomination petition shall be en efe er more sheets consist of cards of uniform size and different sheets- must be used by aigncrs resident m different counties each card shall contain only one signature. Such cards shall be provided by the office of the Secretary of State. The upper portion of each sheet card, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his profession, business, or occupation, if any, his place of residence with street and number, if any, the name of the office he is seeking, his political body affiliation, if any, and the name and date of the election in which the candidate is seeking election, ff more than one sheet 4s uscd^ they Such cards shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet card shall be arranged by county, in alphabetical order, and numbered consecutively, beginning with number one, at the foot of each page card. Each sheet card shall bear on the bottom or back thereof the affidavit of the circulator of such sheet card, setting forth:
(1) His residence address, giving municipality with street and number, if any; (2) That each the signer manually signed his own name with full knowledge of the contents of the nomination petition; (3) That each the signature on such sheet card was signed within 180 days of the last day on which such petition may be filed; and (4) That, to the best of the affiant's knowledge and belief, the signers are signer is a registered electors elector of the state qualified to sign the petition, that their respective residences are the residence of the elector is correctly stated in the petition, and that they alJ reside the elector resides in the county named in the affidavit."
Section 4. Said chapter is further amended by striking Code Section 21-2-182, relating to the contents of certain qualifying petitions, and inserting in its place a new Code Section 21-2-182 to read as follows:
"21-2-182. Each person signing a political body qualifying petition shall declare therein that such person is a duly qualified and registered voter of the state, entitled to vote in the next election for members of the General Assembly, and shall provide
658
JOURNAL OF THE HOUSE,
with such person's signature such person's residence address and county, date of birth, and the date of such person's signature. No person shall sign the same petition more than once. Each petition shall support the qualification of only one political body. No signature shall be valid if made more than 15 months prior to the submission of the petitions to the Secretary of State. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petitions to the Secretary of State for filing, but such request shall be disregarded if made after such presentation."
Section 5. Said title is further amended by striking Code Section 21-2-183, relating to the form of certain petitions to qualify political bodies to nominate candidates for public office by convention, and inserting in its place a new Code Section 21-2-183 to read as follows:
"21-2-183. (a) A petition to qualify a political body to nominate candidates for public office by convention shall be e orte or more sheets consist of cards of uniform size; and different shoots must be used by signers residing m different counties and each card shall contain only one signature. Such cards shall be provided by the office of the Secretary of State. The upper portion of each sheet card shall bear the name and title of the Secretary of State and the political body to be formed by the petition. K more than ee sheet is used, thy Such cards shall be bound together when offered for filing and each card shall be arranged by county, in alphabetical order, and numbered consecutively, beginning with number one, at the foot of each card.
(bj Each sheet card shall bear on the bottom or back thereof the affidavit of the circulator of such sheet card setting forth:
(1) The residence address of the circulator; (2) That each the signer manually signed such signer's own name with full knowledge of the contents of the political body qualifying petitions; (3) That, to the best of the affiant's knowledge and belief, the signers are signer is a registered voters elector of the State ef- Georgia state, qualified to sign the petition; (4) That their respective residences are the residence of the elector is correctly stated in the petition; and (5) That they aH reside the elector resides in the county named in the affidavit."
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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 407. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for certain offices shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek 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 100, nays 0.
TUESDAY, FEBRUARY 7, 1989
659
The Bill, having received the requisite constitutional majority, was passed.
HB 408. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require certain write-in candidates to file a copy of the published notice of intent of candidacy with certain election officials; to require certain municipal write-in candidates to file a copy of the published notice of intent of candidacy with certain municipal officials.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 122. By Senators Bowen of the 13th, Timmons of the llth, Parker of the 15th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require newly appointed chiefs of police and heads of law enforcement units to attend a law enforcement chief executive training class; to provide for funding.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 443. By Representative Porter of the 119th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal court, so as to provide jurisdiction to probate and municipal courts to try traffic offenses under state law in any county which has a city, county, or state court.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 443 by striking on line 11 of page 2 the following:
"trial.",
and inserting in lieu thereof the following:
"trial and the offense arises within the territorial limits of the respective jurisdictions as now or hereafter fixed by law."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 100, nays 0.
660
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 104. By Representatives Redding of the 50th, Holmes of the 28th, McKinney of the 35th, White of the 132nd and Brooks of the 34th:
A bill 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 provide that the working test period of employment shall not apply to an interdepartmental transfer.
The following Committee substitute was read and adopted:
A BILL
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 the definitions of the terms "interdepartmental transfer" and "working test" or "working test period"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 paragraph (8.1) in its entirety and inserting in lieu thereof a new paragraph (8.1) to read as follows:
"(8.1) 'Interdepartmental transfer' means a transfer from a classified position in one department to a classified position in the same er a comparable class in another department at the same or a higher or lower pay grade. For th purpose ef this paragraph, a comparable class is any other class eft the same pay grade. Prior to such a transfer, the department to which the employee is transferring shall require the employee to execute a written statement acknowledging that a new working test period is required in the new department and that the employee retains no rights to any former class or employment in either department. If the department to which the employee is transferring fails to require the employee to execute the statement, the employee shall be considered a permanent status employee in the new class in the department to which the employee transferred. Notwithstanding any other provision of this Code section, a transfer between units of the Department of Human Resources, including county departments of health and county departments of family and children services, shall not be deemed to be an interdepartmental transfer."
Section 2. Said Code Section is further amended by striking paragraph (16) in its entirety and inserting in lieu thereof a new paragraph (16) to read as follows:
"(16) 'Working test' or 'working test period' means a probationary period of employment in a class of covered positions during which the employee must demonstrate to the satisfaction of the appointing authority that he has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each: appointment, rcappointmcnt, promotion, ad interdepartmental transfer.
(A) Appointment; (B) Reappointment; (QL Promotion; and (D) Interdepartmental transfer when the employee has executed a written statement in compliance with paragraph (8.1) of this Code section. The commissioner may fix the length of the working test period for any class at not less than three months nor more than 12 months exclusive of any time in nonpay status or an unclassified position. The State Personnel Board shall provide guidelines to be used
TUESDAY, FEBRUARY 7, 1989
661
by appointing authorities in reviewing classified employees during the working test period."
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 107, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 116. By Senators Deal of the 49th and English of the 21st:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for inspection warrants and the practices, procedures, and requirements connected with the issuance, execution, and return thereof; to provide for notices; to provide for applications; to provide for time limits.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 20.
The Bill, having received the requisite constitutional majority, was passed.
SB 117. By Senators Deal of the 49th and English of the 21st:
A bill to amend Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Meat Inspection Act," so as to provide for the inspection of certain facilities and establishments; to provide for the inspection of certain carcasses, parts thereof, meat, meat food products, containers, and packaging; to provide for additional powers of the Commissioner of Agriculture and his delegate.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove 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 Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane,R Y Langford 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.B Y McKinney.C Y Meadows
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JOURNAL OF THE HOUSE,
Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett Y Pannell
Y Parham
Y Parrish
Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
Y Ray Y Reaves
Y Redding
Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Y Smyre Y Snow
Y Stancil.F
Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs
Y Vaughan
Y Waddle
Y Walker.C Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 291. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, so as to provide for management review of employees serving in a working test period of employment; to provide that such management review shall not be interpreted as granting any additional rights to a working test employee.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, so as to provide for management review of employees serving in a working test period of employment; to provide that such management review shall not be interpreted as granting any additional rights to a working test employee; to provide for adoption and amendment of guidelines; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, is amended by striking subsection (e), relating to the service of a working test period, and inserting in its place a new subsection (e) to read as follows:
"(e) It is the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain merit system protection and that the successful completion of this probationary period is part of the employment examination procedure. Each employee serving in a working test period shall be provided with management review by the appointing authority within ten calendar days of the date the employee has completed one-half of the working test period or as near to such date as is practicable. The management review shall include an evaluation of the employee's progress and recommendations, if any, for corrective action. The provision of management review pursuant to this subsection is solely for the purpose of promoting efficient management and employee development and shall not be interpreted as granting any additional rights to a working test employee. The State Personnel Board shall be responsible for adopting and amending rules and regulations establishing the guidelines to be used by the appointing authority in completing the management review pursuant to this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, FEBRUARY 7, 1989
663
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Y Colbert
Y Coleman
Y Colwell
Connell
Y Couch
Cox N Crawford
Crosby Y Cummings,B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S
Y Dobbs
Y Dover
Dunn Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd
Foster Godbee Y Goodwin
Y Green Y Greene Y Gresham
Griffin
Y Groover
Y Hamilton
Hanner
Y Harris
Y Hasty Heard
Herbert
Y Holcomb
Y Holland
Y Holmes Y Hooks Y Howren
Y Hudson
Y Irwin Y Isakson Y Jackson.J
Jackson,W Y Jamieson
Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
Lord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald
Y McKelvey
McKinney,B
Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag
Y Porter
Poston Y Powell Y Rainey
Y Randall
Y Ransom
YRay
Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield
Y Smith.L
Y Smith.P
Y Smith.T
Y Smith.W Smyre
Y Snow Y Stancil.F
Stancil.S Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Y Walker.C Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Y Williams.J
N Yates
Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 148, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker Pro Tem announced the House in recess until 1:45 o'clock this afternoon.
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JOURNAL OF THE HOUSE,
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 229. By Representative Watts of the 41st: A resolution designating the week of December 1 through 7, 1989, as Public School Cafeteria Workers Week in Georgia.
HR 230. By Representatives Clark of the 20th, Lord of the 107th, Fennel of the 155th, Irwin of the 13th, McKelvey of the 15th and others: A resolution commending Brigadier General Charles W. "Bill" Taylor, Jr.
HR 231. By Representatives Hamilton of the 124th and Snow of the 1st: A resolution commending Pamela M. Borne.
HR 232. By Representative Greene of the 130th: A resolution commending Sergeant Billy Franklin Payne of the Georgia State Patrol.
HR 233. By Representatives Long of the 142nd, Bargeron of the 108th, Clark of the 13th, Murphy of the 18th, Groover of the 99th and others: A resolution wishing a speedy recovery for Honorable Walter Cox.
HR 234. By Representatives Walker of the 115th, Watson of the 114th, Waddle of the 113th and Groover of the 99th: A resolution commending Honorable Clinton K. Watson, Jr.
HR 235. By Representatives Smith of the 156th and Hamilton of the 124th: A resolution commending William F. Young.
HR 236. By Representatives Stanley of the 33rd, Holmes of the 28th, McKinney of the 40th, Lane of the 27th and Selman of the 32nd: A resolution commending Angela W. Bray.
HR 237. By Representatives Parrish of the 109th and Hamilton of the 124th: A resolution commending Sheryl Bowen.
Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 71. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for additional penalties for the distribution or the possession with the intent to distribute certain dangerous drugs.
TUESDAY, FEBRUARY 7, 1989
665
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 71 by striking lines 2 through 8 on page 2 in their entirety and inserting in lieu thereof the following:
"(b) Any person who distributes or possesses with the intent to distribute any anabolic steroid for use other than in the treatment of disease pursuant to the order of a licensed physician or any use prescribed by a licensed veterinarian for animal use shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00, or both."
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 Abernathy Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Beck Y Benefield Benn Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown Buck Y Buford Byrd Y Carrell Y Carter Chambless Y Chance Y Cheeks Y Childers Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Dover Dunn Edwards Y Ehrhart Felton Y Fennel Y Floyd Foster Y Godbee Y Goodwin Green Y Greene Y Gresham Griffin Y Groover Y Hamilton Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Lane.D Y Lane.R Y Langford Y Lawrence Lawson YLee Y Linder YLong Lord Lucas Y Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Poag Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Ricketson Robinson Y Royal Y Selman Simpson
Y Sinkfield Smith.L
Y Smith,? Smith.T
Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder
Williams.B Williams,J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 531. By Representatives Patten of the 149th, Reaves of the 147th and Beck of the 148th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the gopher tortoise as the official state reptile.
The following Committee substitute was read and adopted:
666
JOURNAL OF THE HOUSE,
A BILL
To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the gopher tortoise as the official state reptile; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, the gopher tortoise (gopherus polyphemus) belongs to a group of land tortoises that originated in North America 60 million years ago, thus making it one of the oldest living species native to Georgia; and
WHEREAS, the gopher tortoise population is scattered throughout the southeastern United States, with most being found in southern Georgia and north central Florida; and
WHEREAS, the gopher tortoise benefits the ecology by digging burrows up to 40 feet long and 10 feet, deep which provide year-round shelter from predators and weather for more than three dozen other animal species, including some threatened species; and
WHEREAS, recent studies indicate that the gopher tortoise population is in decline due to mankind's activities, and that by the year 2000 the gopher tortoise may not exist outside of protected areas; and
WHEREAS, this ancient and ecologically beneficial reptile is deserving of the attention and appreciation of the citizens of this state by designation as the official state reptile.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new Code Section 50-3-63 at the end thereof to read as follows:
"50-3-63. The gopher tortoise is designated as the official Georgia state reptile."
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 Abernathy
Adams Y Aiken Y Alford Y Alien Y Athon
Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Buck Y Buford Byrd Y Carrell Y Carter 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 Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M N Davis.C Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson,W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
TUESDAY, FEBRUARY 7, 1989
667
Y Patten Y Pettit
Pinkston Poag Porter Y Poston Y Powell Rainey Y Randall Y Ransom Y Ray
Y Reaves Redding
Y Richardson Ricketson Robinson
Y Royal Y Selman Y Simpson Y Sinkfield
Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 141, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Davis of the 72nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 52. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public housing"; to provide an effective date.
The following amendment was read and adopted:
The House Committee on State Planning and Community Affairs moves to amend SB 52 by inserting on line 5 of page 1 after the word and symbol "housing';" the following:
"to redefine the offense of fraudulently obtaining or attempting to obtain public housing;".
By striking lines 12 and 13 of page 1 and inserting the following:
"their entirety subsections (a) and (b) and inserting in their place new subsections (a) and (b) to read as follows:" .
By striking the quotation mark from the beginning of line 14 on page 1 and inserting the following:
'"(a) Any person who obtains or attempts to obtain or who establishes or attempts to establish eligibility for, and any person who knowingly or intentionally aids or abets such person in obtaining or attempting to obtain or in establishing or attempting to establish eligibility for, any public housing or a reduction in public housing rental charges or any rent subsidy or payment from a tenant in connection with public housing to which such person would not otherwise be entitled, by means of a false statement, failure to disclose information, impersonation, or other fraudulent scheme or device shall be guilty of a misdemeanor."
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 Abernathy Adams
Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Beck Y Benefield Y Benn Y Birdsong
668
JOURNAL OF THE HOUSE,
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Clark.B Y Clark.H Y Clark.L
Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Foster Y Godbee Y Goodwin Green Y Greene Y Gresham Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Herbert Y Holcomb Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Lord Lucas Y Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell
Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P
Smith.T
Y Smith.W Y Smyre Y Snow Y Stancil.F
Stancil.S Stanley Y Steele Y Stephens Y Teper Thomas,C Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Twiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Wilder Y Williams.B Williams,J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 140, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 474 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman
The following Minority Report was received and read:
House of Representatives Atlanta
February 6, 1989
Mr. Glenn Ellard, Clerk House of Representatives 309 State Capitol Atlanta, GA 30334
TUESDAY, FEBRUARY 7, 1989
669
Representative Terry Coleman, Chairman Ways & Means Committee 133 State Capitol Atlanta, GA 30334
Dear Mr. Ellard and Chairman Coleman:
We hereby file a minority report objecting to the DO PASS recommendation of the committee to HB 474. The bill should be amended to allow an income tax credit for low income taxpayers.
1st Michael L. Thurmond District 67
/s/ Sanford D. Bishop, Jr. District 94
/s/ Bob Holmes District 28
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services.
The following Committee substitute was read:
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services; to state legislative intent with respect to use of tax proceeds; to change certain provisions relating to exemptions with respect to the levy or imposition of such tax; to provide for application of such tax with respect to certain sales of motor fuels; to provide for conforming changes with respect to imposition of the tax, collection from dealers, disposition of certain excess taxes, compensation of dealers for reporting and paying the tax, and payment of the tax by certain contractors; to delete provisions relating to the automatic repeal of the special purpose county local sales and use tax; to delete provisions limiting the maximum aggregate amount of taxes levied on rooms, lodgings, and accommodations furnished to the public; to provide for other matters relative to the foregoing; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intention of the General Assembly that the revenue generated by the increase in the state sales and use tax provided for in this Act shall be used in part for general governmental purposes and in part for grants of funds to political subdivisions of the state to provide ad valorem tax relief. The General Assembly recognizes and intends that all such revenue is to be paid into the general fund of the state treasury and subject to the normal budgetary and appropriations process, but it is the intention of the
670
JOURNAL OF THE HOUSE,
General Assembly that a portion of such revenue shall be appropriated to fund such grants for ad valorem tax relief purposes.
Section 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (43) of Code Section 48-8-3, relating to exemptions regarding the state sales and use tax, which reads as follows:
"(43) Sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 except motor fuel other than gasoline purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title;", and inserting in its place a new paragraph (43) to read as follows:
"(43) Reserved;"
Section 3. Said title is further amended by adding a new Code section immediately following Code Section 48-8-3, to be designated Code Section 48-8-3.1, to read as follows:
"48-8-3.1. (a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article.
(b) Sales of motor fuel other than gasoline purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article."
Section 4. Said title is further amended by striking Code Section 48-8-30, relating to the imposition of the state sales and use tax, and inserting in its place a new Code Section 48-8-30 to read as follows:
"48-8-30. (a) There is levied and imposed a tax on the retail purchase, retail sale, rental, storage, use, or consumption of tangible personal property and on the services described in this article.
(b) (1) Every purchaser of tangible personal property at retail in this state shall be liable for a tax on the purchase at the rate of 3 4 percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person making a sale or sales of tangible personal property at retail in this state shall be a retailer and a dealer and shall be liable for a tax on the sale at the rate of 3 4 percent of the gross sale or gross sales, or the amount of taxes collected by him from his purchaser or purchasers, whichever is greater.
(2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. (c) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 3 4 percent of the cost price or fair market value of the property, whichever is the lesser. This subsection shall not be construed to require a duplication in the payment of the tax. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. (d) (1) Every person to whom tangible personal property in the state is leased or rented shall be liable for a tax on the lease or rental at the rate of 3 4 percent of the gross lease or rental charge. The tax shall be paid to the person who leases or rents the property by the person to whom the property is leased or rented. A person who leases or rents property to others as a dealer under this article shall remit the tax to the commissioner as provided in this article. When received by the commissioner, the tax shall be a credit against the tax imposed on the person who leases or rents the property to others. Every person who leases or rents tangible personal property in this state to others shall be a dealer and shall be liable for a tax on the lease
TUESDAY, FEBRUARY 7, 1989
671
or rental at the rate of 3 4 percent of the gross lease or rental proceeds, or the amount of taxes collected by him from persons to whom he leases or rents tangible personal property, whichever is greater.
(2) No lease or rental shall be taxable to the person who leases or rents tangible property to another which is not taxable to the person to whom the property is leased or rented.
(3) The lessee of both taxable and exempt property in this state under a single lease agreement containing a lease period of ten years or more shall have the option to discharge in full all sales and use taxes imposed by this article relating to the tangible personal property by paying in a lump sum 3 4 percent of the fair market value of the tangible personal property at the date of inception of the lease agreement in the same manner and under the same conditions applicable to sales of the tangible personal property. (e) Upon the first instance of use within this state of tangible personal property leased or rented outside this state, the person to whom the property is leased or rented shall be a dealer and shall be liable for a tax at the rate of 3 4 percent of the rental charge paid to the person who leased or rented the property, subject to the credit authorized for like taxes previously paid in another state. (f) (1) Every person purchasing or receiving any service within this state, the purchase of which is a retail sale, shall be liable for tax on the purchase at the rate of 3 4 percent of the gross charge or charges made for the purchase. The tax shall be paid by the person purchasing or receiving the service to the person furnishing the service. The person furnishing the service, as a dealer under this article, shall remit the tax to the commissioner as provided in this article; and, when received by the commissioner, the tax shall be a credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a retail sale, shall be a dealer and shall be liable for a tax on the sale at the rate of 3 4 percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him from the person to whom the service is furnished, whichever is greater.
(2) No sale of services shall be taxable to the person furnishing the service which is not taxable to the purchaser of the service. (g) Whenever a purchaser of tangible personal property under subsection (b) of this Code section, a lessee or renter of the property under subsection (d) of this Code section, or a purchaser of tangible services under subsection (f) of this Code section does not pay the tax imposed upon him to the retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who rents involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved. (h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. (i) The tax levied by this Code section is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied."
Section 5. Said title is further amended by striking Code Section 48-8-32, relating to collection of the tax from dealers, and inserting in its place a new Code Section 48-8-32 to read as follows:
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"48-8-32. The tax at the rate of 3 4 percent of the retail sales price at the time of sale or 3 4 percent of the cost price at the time of purchase, as the case may be, shall be collectable from all persons engaged as dealers in the sale at retail, or in the use, consumption, distribution, or storage for use or consumption in this state of tangible personal property."
Section 6. Said title is further amended by striking Code Section 48-8-43, relating to disposition of certain excess taxes, and inserting in its place a new Code Section 48-8-43 to read as follows:
"48-8-43. When the tax collected for any period is in excess of 3 4 percent, the total tax collected shall be paid over to the commissioner less the compensation to be allowed the dealer."
Section 7. Said title is further amended by striking subsection (d) of Code Section 48-8-63, relating to payment of the tax by certain contractors, and inserting in its place a new subsection (d) to read as follows:
"(d) (1) Any person who subcontracts with a general or prime contractor shall be liable under this article as a general or prime contractor. The general or prime contractor shall withhold up to 3 4 percent of the payments due the subcontractor arising out of the contract entered into between the general and prime contractor in satisfaction of any sales or use taxes owed this state.
(2) The prime or general contractor shall withhold payments as provided in paragraph (1) of this subsection until the subcontractor furnishes him with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 3 4 percent of the payments due the subcontractor under their contract, he shall become liable for any sales or use taxes due or owed this state by the subcontractor."
Section 8. Said title is further amended by repealing in its entirety Code Section 48-8-122 which reads 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 9. Said title is further amended in Code Section 48-13-51, relating to local excise taxation of rooms, lodgings, and accommodations, by:
(1) Striking from the last sentence of paragraph (1) of subsection (a) the following: ", nor shall the aggregate amount of taxes levied upon the fees or charges for any
rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings"; (2) Striking from the first sentence of paragraph (3) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 10 percent"; (3) Striking from the first sentence of paragraph (4) of subsection (a) the following:
", and Ohe aggregate amount of all taxes may be up to 11 percent";
TUESDAY, FEBRUARY 7, 1989
673
(4) Striking from the first sentence of paragraph (5) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 12 percent"; and (5) Striking from the first sentence of paragraph (7) of subsection (a) the following:
'"aggregate taxes' and 'the aggregate amount of all taxes' shall mean all excise taxes, sales and use taxes, and other taxes imposed by a county or municipality, or both, which are imposed directly upon the transactions identified in paragraph (1) of this subsection. The terms".
Section 10. In the event that any other Act of the 1989 General Assembly amends Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, it is the intention of the General Assembly that the provisions of such other Act control over the provisions of this Act, except that it is the intention of the General Assembly that the increase in the rate of state sales and use taxation provided for in this Act shall not operate to decrease the maximum rate of taxes which may be imposed by local governments under said article as now existing or as it may be amended; and for this limited purpose, the provisions of this Act and particularly of this statement of intent shall control over the provisions of such other Act, notwithstanding any limitation on maximum aggregate amounts of taxation which may be contained in such other Act.
Section 11. This Act shall become effective on April 1, 1989.
Section 12. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and lost:
Representative Davis of the 29th moves to amend the Committee substitute to HB 474 by adding a new section 7A to read as follows:
The sale of food for human consumption shall be exempt from the tax levied by Chapter 8 of Title "48".
Representatives Fennel of the 155th and Smith of the 156th move to amend the Committee substitute to HB 474 as follows:
By inserting between lines 20 and 21 of page 2, the following:
"Section 2A. Said title is further amended by adding to the end of Code section 48-8-3, relating to exemptions regarding the state sales and use tax, a new paragraph, to be designated paragraph (54), to read as follows:
'(54) Sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2, other than gasoline, purchased for purposes of commercial fishing and shrimping.'"
Representative Hamilton of the 124th moves to amend the Committee substitute to HB 474 by inserting on line 5 of page 1 after the word and symbol "services;" the following:
"to repeal the second motor fuel tax;".
By redesignating Sections 3 through 8 as Sections 4 through 9, respectively, and Sections 9 through 12 as Sections 11 through 14, respectively.
By inserting between lines 20 and 21 of page 2 the following:
"Section 3. Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 48-9-3, relating to exemption of sales of aviation gasoline, in its entirety and inserting in lieu thereof the following:
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'(5) Sales of aviation gasoline to a duly licensed aviation gasoline dealer, except for It per gallon of the tax imposed by paragraph (1) of subsection (a) of this Code section and aH ef the ta* imposed by Gede Section 48-0-14;'".
By inserting between lines 15 and 16 of page 9 the following:
"Section 10. Said title is further amended by striking Code Section 48-9-14, which reads as follows:
'48-9-14. (a) In addition to the motor fuel tax imposed by Code Section 48-9-3, there is imposed a second motor fuel tax.
(b) The motor fuel tax imposed by this Code section is levied at the rate of 3 percent of the retail sale price less the tax imposed by Code Section 48-9-3 upon the sale, use, or consumption, as defined in Code Section 48-8-2, of motor fuel in this state. This tax shall be subject only to the exemptions provided in Code Section 48-9-3.
(c) In all other respects, the tax imposed by this Code section shall be administered and collected, dealers shall be compensated, and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Article 1 of Chapter 8 of this title.',
in its entirety and inserting in lieu thereof:
'48-9-14. Reserved.'"
Representative Townsend of the 24th moves to amend the Committee substitute to HB 474 by adding on line 6 after the word and semicolon "proceeds;" the following:
"to exempt the sales of food other than prepared meals and food purchased at retail for human consumption from the state sales and use tax;".
By striking line 27 on page 1 and line 1 on page 2 in their entirety and substituting in lieu thereof the following:
"for grants of funds to counties, municipalities, and authorities of the state to offset the loss of revenue from local option and special county sales and use taxes directly attributable to the exemption of sales of food for human consumption from the state sales and use tax. The General Assembly".
By striking lines 6 and 7 on page 2 in their entirety and substituting in lieu thereof the following:
"revenue shall be appropriated to fund such grants to offset the loss of revenue from local option and special county sales and use taxes directly attributable to the exemption of sales of food for human consumption from the state sales and use tax."
By renumbering Sections 2 through 9 as Sections 3 through 10, respectively.
By adding a new Section 2 to read as follows:
"Section 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraphs (52) and (53) of Code Section 48-8-3, relating to exemptions from sales and use taxes, and substituting in lieu thereof the following:
'(52) The sale or use of hearing aids; er
(53) Sales transactions for which food stamps or WIC coupons are used as the medium of exchange; or :
(54) Sales of food other than prepared meals and food purchased at retail for human consumption.'"
TUESDAY, FEBRUARY 7, 1989
675
By striking lines 4 through 8 on page 2 in their entirety and substituting in lieu thereof the following:
"Section 3. Said title is further amended by striking Code Section 48-8-30, relating to the imposition of the state sales and use tax, and inserting in its place a new Code Section 48-8-30 to read as follows:".
An amendment offered by Representatives Thurmond of the 67th and Holcomb of the 72nd was read and withdrawn.
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 N Abernathy Y Adams N Aiken Y Aiford Y Alien Y Athon N Atkins Y Bailey
Y Baker Y Balkcom N Bannister Y Barfoot Y Bargeron
Barnett.B N Barnett.M Y Beck Y Benefield YBenn Y Birdsong
Y Bishop N Bostick Y Branch N Breedlove N Brooks Y Brown YBuck N 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 Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M N Davis.C N Davis.G N Davis.M
Dixon.H Y Diion.S YDobbs Y Dover Y Dunn Y Edwards N Ehrhart N Felton Y Fennel Y Floyd N Foster YGodbee N Goodwin Y Green Y Greene N Gresham N Griffin Y Groover
Y Hamilton Y Hanner Y Harris
Y Hasty N Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Ylrwin N bakson Y JacksonJ
Jackson.W N Jamieson N Jenkins N Johnson N Jones Y Kilgore N Kingston Y Lane.D Y Lane.R N Langford N Lawrence Y Lawson YLee N Linder NLong YLord Y Lucas N Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey N McKinney.B
N McKinney.C N Meadows YMilam Y Mobley Y Moody Y Moore N Morton Y Moultrie N Mueller
Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett N Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell Y Rainey Y Randall N Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith,L N Smith.P Y Smith.T N Smith,W Y Smyre YSnow Y Stancil.F N StanciLS
N Stanley N Steele Y Stephens Y Teper Y Thomas.C N Thomas.M
Y Thompson Y Thurmond N Titus N Tolbert N Townsend Y Twiggs
N Vaughan N Waddle Y Walker.C Y Walker,L N Wall YWare Y Watson Y Watts N White N Wilder N Williams,B
Williams,J
NYates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 117, nays 57.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
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JOURNAL OF THE HOUSE,
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 274 Do Pass, by Substitute HB 565 Do Pass
Respectfully submitted, Is/ Thomas of the 69th
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, FEBRUARY 8, 1989
677
Representative Hall, Atlanta, Georgia Wednesday, February 8, 1989
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 Abernathy Aiken Athon Atkins Bailey Baker Balkcom Bannister Barfoot Bargeron Barnett.B Barnett.M Benefield
Birdsong
Bishop Bostick Branch Breedlove Brooks Buck Buford Byrd Carrell Carter Chambless Childers Clark.H Colbert
Connell Couch
Crosby Cummings.B Cummings.M Davis.C Davis.G Davis.M
Dixon.S Dobbs Dover Edwards
Ehrhart
Felton
Fennel Floyd Foster
Godbee
Goodwin
Greene
Gresham Griffin Groover Manner Harris Hasty
Heard Herbert Holcomb
Holland Hooks
Howren Hudson Irwin
Isakson Jackson.J Jamieson Jenkins Johnson Jones Kilgore Kingston Lane,D
Lane.R Langford Lawrence Lawson Lee Linder Long Lord Mangum McCoy McKelvey McKinney.C Meadows Milam Mobley
Moody Moore Morton Moultrie Mueller Oliver.M Orr Orrock Padgett Pannell Par ham Parrish Patten Pettit Poag Poston Powell Rainey Ransom Ray Redding Richardson Ricketson Royal Selman Simpson
Sinkfield Smith.L Smith.P
Smith.T Smith.W
Smyre Snow Stancil.F
Stancil.S Stanley Steele Stephens Teper Thomas.C Thomas.M Thompson Thurmond Titus Tolbert Townsend Vaughan Waddle Wall
Ware Watson Watts White Wilder Williams.B
Williams,J Yates Yeargin
Prayer was offered by the Reverend James E. Hamlin, Pastor, United Methodist Church, Roberta, 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.
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JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 690. By Representative Adams of the 79th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain excise taxes on distilled spirits, beer and wine.
Referred to the Committee on Ways & Means.
HB 691. By Representative Adams of the 79th:
A bill to amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to the excise tax on cigars and cigarettes, so as to change the excise tax on cigarettes.
Referred to the Committee on Ways & Means.
HB 692. By Representative Reaves of the 147th:
A bill to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to change the definition of the term "agricultural facility".
Referred to the Committee on Agriculture & Consumer Affairs.
HB 693. By Representatives Barnett of the 59th and Bannister of the 62nd:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to provide that each project for which a tax is proposed shall be separately submitted to the voters of the county; to provide that the tax shall be imposed only for those projects approved by the voters.
Referred to the Committee on Ways & Means.
HB 694. By Representative Barnett of the 59th:
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 change the time for obtaining a license and registering a motor vehicle; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time in which the owner of a motor vehicle must return the same for taxation.
Referred to the Committee on Motor Vehicles.
HB 695. By Representative Heard of the 43rd:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable service to be obtained for certain active duty service in the armed forces of the United States as a member of a National Guard unit which was called into federal service.
Referred to the Committee on Retirement.
WEDNESDAY, FEBRUARY 8, 1989
679
HB 696. By Representative Barnett of the 10th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to require the issuance of a permit for a waste-water treatment plant under certain circumstances.
Referred to the Committee on Natural Resources & Environment.
HB 697. By Representatives Hamilton of the 124th, Pannell of the 122nd and Alien of the 127th:
A bill to amend Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Postsecondary Educational Authorization Act of 1978," so as to change the provisions relating to exemptions.
Referred to the Committee on Education.
HB 698. By Representative Barnett of the 59th:
A bill to amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that under certain conditions the commissioner of public safety shall be authorized to contract with political subdivisions and organizations and associations in order for the Department of Public Safety to be reimbursed for expenses incurred in providing certain services.
Referred to the Committee on Public Safety.
HB 699. By Representatives Crawford of the 5th, Balkcom of the 140th, Foster of the 6th and Milam of the 81st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," so as to delete the requirement of motor vehicle liability insurance coverage; to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to selfinsurers, so as to provide for editorial revision.
Referred to the Committee on Insurance.
HB 700. By Representatives Teper of the 46th, Lane of the lllth, Porter of the 119th, Edwards of the 112th, Cheeks of the 89th and others:
A bill to amend Code Section 12-9-8 of the Official Code of Georgia Annotated, relating to state permits for the construction and use of any source of air contaminants, so as to provide that no such permit shall be issued until all required county and municipal business licenses and other permits have been obtained.
Referred to the Committee on Industry.
HB 701. By Representatives Walker of the 115th, Murphy of the 18th, McDonald of the 12th, Thomas of the 69th, Coleman of the 118th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by certain offices.
Referred to the Committee on Rules.
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JOURNAL OF THE HOUSE,
HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th, Smith of the 156th, Walker of the 115th and others:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter.
Referred to the Committee on Health & Ecology.
HB 703. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th, Walker of the 115th, Coleman of the 118th and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that hospitals shall act upon the application for hospital privileges of any licensed medical practitioner of the healing arts whose license authorizes him independently to diagnose, treat, and prescribe and perform surgery.
Referred to the Committee on Health & Ecology.
HB 704. By Representatives Walker of the 115th, Ray of the 98th and Hooks of the 116th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the procedures for filling vacancies on local boards of education under certain circumstances.
Referred to the Committee on Education.
HB 706. By Representatives Twiggs of the 4th and Moody of the 153rd:
A bill to amend Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents, so as to remove the prohibition against the eligibility of narcotics agents for participation in the Peace Officers' Annuity and Benefit Fund.
Referred to the Committee on Public Safety.
HB 707. By Representatives Steele of the 97th, Richardson of the 52nd, Stephens of the 68th, Heard of the 43rd, Ransom of the 90th and others:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places; to provide for legislative intent; to provide for definitions; to require the designation of smoking and nonsmoking areas in state owned, leased, or otherwise occupied buildings.
Referred to the Committee on Health & Ecology.
HB 708. By Representative Walker of the 85th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, so as to provide that a prescription filled with a substituted generic drug may only be filled with the drug dispensed; to provide that a dispensing pharmacist may not charge for a substituted generic drug a price higher than the retail price of the brand name drug prescribed reduced by the difference between the acquisition costs of such drugs.
Referred to the Committee on Health & Ecology.
WEDNESDAY, FEBRUARY 8, 1989
681
HB 709. By Representative Walker of the 85th:
A bill to amend Code Section 26-4-83 of the Official Code of Georgia Annotated, relating to the substitution of generic drugs for brand name drugs, so as to require certain wording on prescription forms.
Referred to the Committee on Health & Ecology.
HB 710. By Representatives Thurmond of the 67th and Martin of the 26th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for an excise tax credit for certain persons whose adjusted gross income does not exceed $20,000.00.
Referred to the Committee on Ways & Means.
HB 711. By Representatives Thompson of the 20th and Oliver of the 53rd:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal proceedings, so as to provide for the taking of testimony of certain children in criminal proceedings in which a person is charged with a violation of Code Section 16-5-70, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, or 16-6-5.1.
Referred to the Committee on Judiciary.
HB 712. By Representative Martin of the 26th:
A bill to amend Code Section 44-7-53 of the Official Code of Georgia Annotated, relating to when a writ of possession shall be issued, the trial of issues, and possession pending trial, so as to allow the tenant to set aside a dispossessory default in certain limited circumstances allowed under subsection (b) of Code Section 9-11-55.
Referred to the Committee on Special Judiciary.
HB 713. By Representative Martin of the 26th:
A bill to amend Code Section 5-6-41 of the Official Code of Georgia Annotated, relating to reporting, preparation, and disposition of transcript of evidence and proceedings generally, so as to provide for a stipulated record and transcript.
Referred to the Committee on Special Judiciary.
HB 714. By Representatives Martin of the 26th, Thurmond of the 67th and Oliver of the 53rd:
A bill to be known as the "Food Sales Income Tax Credit Act of 1989"; to provide for a short title; to provide for a statement of findings; to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to individual state income tax rates, tax tables, and credits, so as to provide for a food sales tax credit against individual income taxes.
Referred to the Committee on Ways & Means.
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JOURNAL OF THE HOUSE,
HB 715. By Representative Thurmond of the 67th:
A bill to amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change the provisions relating to persons authorized to consent to surgical or medical treatment.
Referred to the Committee on Judiciary.
HB 718. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th, Baker of the 51st, Lawrence of the 49th 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 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd, Crawford of the 5th, Davis of the 72nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
Referred to the Committee on Natural Resources & Environment.
HB 720. By Representative Coleman of the 118th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to provide procedures for the elimination of toll charges for intracounty telephone calls placed between customers of different local exchange companies to state legislative findings.
Referred to the Committee on Industry.
HB 721. By Representative Holmes of the 28th:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.
Referred to the Committee on Judiciary.
HB 722. By Representatives Richardson of the 52nd, Oliver of the 53rd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others:
A bill to provide for the deferral of City of Decatur ad valorem taxes for certain elderly persons; to provide for a short title.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 723. By Representative Holmes of the 28th:
A bill to amend Code Section 36-35-3 of the Official Code of Georgia Annotated, relating to municipal authority to adopt ordinances, rules and regulations and methods of amending municipal charters, so as to require sponsors of petitions to amend municipal charters to obtain petitions from the clerk of the governing authority; to provide for the contents of such petitions.
Referred to the Committee on State Planning & Community Affairs.
WEDNESDAY, FEBRUARY 8, 1989
683
HB 724. By Representative Holmes of the 28th:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to change the definition of the term "full-time"; to provide for confidentiality of individual account records.
Referred to the Committee on Retirement.
HB 725. By Representatives Dobbs of the 74th, Colwell of the 4th and Lane of the lllth:
A bill to amend Code Section 50-16-161 of the Official Code of Georgia Annotated, relating to the applicability to movable personal property of the central inventory of personal property maintained by the Department of Administrative Services, so as to change the provisions relating to the acquisition costs of an agency's personal property required to be included in the inventory.
Referred to the Committee on State Institutions & Property.
HB 726. By Representative Thompson of the 20th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions governing law enforcement officers and agencies, so as to declare state law enforcement as a special and high-risk occupation.
Referred to the Committee on Public Safety.
HR 222. By Representative Davis of the 45th: A resolution compensating Ms. Janet P. Mathias.
Referred to the Committee on Appropriations.
HR 226. By Representative Goodwin of the 63rd: A resolution compensating Mr. Steve Elrod.
Referred to the Committee on Appropriations.
HR 227. By Representatives Barnett of the 59th, Barnett of the 10th and Bannister of the 62nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to impose a special 1 percent sales and use tax for educational purposes.
Referred to the Committee on Ways & Means.
HR 228. By Representatives Greene of the 130th and Hanner of the 131st: A resolution designating the Creek Indian Trail Scenic Highway.
Referred to the Committee on Transportation.
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:
684
JOURNAL OF THE HOUSE,
HB 727. By Representatives Mueller of the 126th and Hamilton of the 124th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to the definition of a teacher; to amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, known as the "Public School Employees Retirement System Act," so as to change the provisions relative to the definition of a public school employee.
Referred to the Committee on Retirement.
HB 728. By Representatives Greene of the 130th, Lee of the 72nd, Twiggs of the 4th, Fennel of the 155th, Hanner of the 131st and others:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions governing law enforcement officers and agencies, so as to declare state law enforcement as a special and high-risk occupation.
Referred to the Committee on Public Safety.
HB 734. By Representatives Foster of the 6th, Groover of the 99th, Jackson of the 9th, Barnett of the 10th, Buck of the 95th and others:
A bill to amend Code Section 27-3-9 of the Official Code of Georgia Annotated, relating to the unlawful enticement of game, so as to provide that conservation rangers shall be required to require owners or other persons having lawful possession or control of baited areas or land or fields to remove such bait or erect certain signs, or both; to require conservation rangers to post signs in certain circumstances.
Referred to the Committee on Game, Fish & Parks.
HB 735. By Representatives Dunn of the 73rd, Groover of the 99th, Edwards of the 112th, Dover of the llth and Parham of the 105th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide a short title; to provide for legislative purpose; to define a term; to provide for prohibited practices relative to unreasonable restraints of trade, predatory business conduct, and discrimination in the pricing of commodities.
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 656 HB 657 HB 658 HB 659 HB 660 HB 661 HB 662 HB 663 HB 664 HB 665
HB 668 HB 669
HB 676 HB 677 HB 678 HB 679 HB 680 HB 681 HB 682 HB 683 HB 684 HB 685
HB 686 HB 687
WEDNESDAY, FEBRUARY 8, 1989
685
HB 688 HB 689 HB 705 HB 716 HB 717 HR 224 HHRR 222385
HR 239
SB 44
SB 70
SB 119
SB 141
SB 145 SB 177 SB 194 SB 195 SB 196 gg -jo^ QSTB3 11Q98o
SB 225
SB 236
SB 241
SB 247
SB 254
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 and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 567 Do Pass, as Amended HR 16 Do Pass HR 76 Do Pass, as Amended
Respectfully submitted, /s/ McDonald of the 12th
Chairman
Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks 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 494 Do Pass HB 476 Do Pass HB 263 Do Pass
Respectfully submitted, /s/ Rainey of the 135th
Chairman
Representative Dover of the llth District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 368 Do Pass
686
JOURNAL OF THE HOUSE,
Respectfully submitted, /s/Dover of the llth
Chairman
Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 199 Do Pass SB 32 Do Pass HB 544 Do Pass, by Substitute
Respectfully submitted, /s/ Jackson of the 9th
Chairman
Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 284 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 17th
Chairman
Representative Lane of the 27th 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 642 Do Pass HB 645 Do Pass
HB 646 Do Pass
HB 647 Do Pass HB 649 Do Pass
HB 652 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 8, 1989
Mr. Speaker and Members of the House:
WEDNESDAY, FEBRUARY 8, 1989
687
The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:
HB 274 HB 451 HB 469
HB 565 HB 574
Workers' Compensation: Appeal Procedures Accountants Examination Requirements: Amend Provisions Family Violence Centers: County and Municipal Funds: Grants
Motor Vehicle Rentals: Regulate Water/Wastewater Treatment Plant Operators: Continuing Education
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 642. By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd, Randall of the 101st, Ray of the 98th and others:
A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the Superior Courts of the Macon Judicial Circuit, so as to change the provisions relating to the supplement to be paid out of the treasury of Bibb County to each judge of the superior courts of said circuit.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 645. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 646. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
688
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 647. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensation of the personnel of the tax commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 649. By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the 10th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to create a new board of commissioners of Cherokee 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 652. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to appointment of new members to the water and sewer authority board of directors.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
HB 498. By Representative Greene of the 130th:
A bill to amend an Act incorporating the City of Shellman in the County of Randolph, so as to change the provisions relating to the election of the mayor and councilmen.
WEDNESDAY, FEBRUARY 8, 1989
689
SB '2. 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 provide that employees in the classified service shall be entitled to compensation for on-call time; to provide for the rate of compensation; to provide for rules and regulations.
SB 9. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions concerning the merit system generally, so as to change the definition and application of the term "working test employee"; to provide an effective date.
SB 47. 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 provide that regular full-time employees in the classified service who are employed by the Department of Human Resources in state operated hospitals or by the Department of Corrections in correctional facilities and are assigned to duty on evening or night shifts shall be eligible for a certain supplement.
SB 93. By Senators Engram of the 34th, Tate of the 38th and Langford of the 35th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that program weights for the primary and middle grade programs shall reflect sufficient funds to pay the beginning salaries of guidance counselors; to provide for certain weights to be applied in the Quality Basic Education Formula.
SB 124. By Senators Barker of the 18th, Kidd of the 25th and Stumbaugh of the 55th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to create the "Child Health Services Act"; to provide that all accident and sickness insurance benefit plans, policies, or contracts providing coverage on an expense incurred basis shall also provide that the accident and sickness benefits applicable for children include coverage for child health supervision services from the moment of birth to age five years.
SB 147. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish sick leave banks or pools of voluntarily contributed employee sick leave days; to provide for contributions; to provide for the use of such days; to provide for practices, procedures, and requirements relative to the foregoing.
SB 152. By Senators Kennedy of the 4th, Coleman of the 1st and Ray of the 19th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to restrict membership and creditable service based on employment or services for which membership and credit are sought under the Peace Officers' Annuity and Benefit Fund; to change the provisions relating to leaves of absence and withdrawals from the fund.
690
JOURNAL OF THE HOUSE,
SB 160. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to spouses benefits coverage; to provide that when a member is divorced from the member's spouse, the member's spouse may seek a qualified domestic relations order to attach the member's retirement benefits and spouses benefits.
SB 178. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that a designated voting compartment or booth be reserved for handicapped voters in precincts of a certain size.
SB 180. By Senators Deal of the 49th and Barker of the 18th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the place of detention of a child; to provide for limitations thereon; to provide for transfers; to provide for notices, practices, and procedures; to provide for time limits; to provide for definitions; to provide an effective date.
SB 240. By Senators Ray of the 19th, Kennedy of the 4th and Timmons of the llth:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.
HB 42. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-60 of the Official Code of Georgia Annotated, relating to payments to the Peace Officers' Annuity and Benefit Fund from fines collected and bonds forfeited and collected in criminal and quasicriminal cases, so as to provide for the filing of certain forms in connection with payments to the fund.
HB 108. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Chapter 4 of Title 45 of the Official Code of Georgia Annotated, relating to official bonds, so as to provide that the bonds of the chief magistrates and magistrates shall be approved by the judge of the probate court and recorded and filed by him.
HB 110. By Representatives Watson of the 114th, Murphy of the 18th, Walker of the 115th, Edwards of the 112th, McDonald of the 12th and others:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame; to provide for a board and its membership; to provide for reimbursement for expenses incurred by members of the board; to provide for personnel, space, equipment, and supplies.
WEDNESDAY, FEBRUARY 8, 1989
691
HB 113. By Representatives Royal of the 144th, Greene of the 130th, Balkcom of the 140th and Holland of the 136th:
A bill to amend Section 21-3-64 of the Official Code of Georgia Annotated, relating to the authority of the General Assembly by local law to change terms of office of elected municipal officers, so as to provide additional authority for the enactment of such local laws.
HB 151. By Representatives Watson of the 114th, Buck of the 95th, Kilgore of the 42nd and Pettit of the 19th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Seed Capital Fund to provide equity and other capital to entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, marketing, agriculture, or information related ventures which will increase the state's share of domestic or international markets and enhance economic development in the state.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 2. 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 provide that employees in the classified service shall be entitled to compensation for on-call time; to provide for the rate of compensation; to provide for rules and regulations.
Referred to the Committee on State Planning & Community Affairs.
SB 9. By Senator Kidd of the 25th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions concerning the merit system generally, so as to change the definition and application of the term "working test employee"; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 47. 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 provide that regular full-time employees in the classified service who are employed by the Department of Human Resources in state operated hospitals or by the Department of Corrections in correctional facilities and are assigned to duty on evening or night shifts shall be eligible for a certain supplement.
Referred to the Committee on State Planning & Community Affairs.
692
JOURNAL OF THE HOUSE,
SB 93. By Senators Engram of the 34th, Tate of the 38th and Langford of the 35th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that program weights for the primary and middle grade programs shall reflect sufficient funds to pay the beginning salaries of guidance counselors; to provide for certain weights to be applied in the Quality Basic Education Formula.
Referred to the Committee on Appropriations.
SB 124. By Senators Barker of the 18th, Kidd of the 25th and Stumbaugh of the 55th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to create the "Child Health Services Act"; to provide that all accident and sickness insurance benefit plans, policies, or contracts providing coverage on an expense incurred basis shall also provide that the accident and sickness benefits applicable for children include coverage for child health supervision services from the moment of birth to age five years.
Referred to the Committee on Insurance.
SB 137. By Senator Kidd of the 25th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption from applicability, so as to provide for a new exemption for certain renovation and replacement projects; to provide an effective date.
Referred to the Committee on Health & Ecology.
SB 147. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish sick leave banks or pools of voluntarily contributed employee sick leave days; to provide for contributions; to provide for the use of such days; to provide for practices, procedures, and requirements relative to the foregoing.
Referred to the Committee on Education.
SB 152. By Senators Kennedy of the 4th, Coleman of the 1st and Ray of the 19th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to restrict membership and creditable service based on employment or services for which membership and credit are sought under the Peace Officers' Annuity and Benefit Fund; to change the provisions relating to leaves of absence and withdrawals from the fund.
Referred to the Committee on Retirement.
WEDNESDAY, FEBRUARY 8, 1989
693
SB 160. By Senator Kidd of the 25th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to spouses benefits coverage; to provide that when a member is divorced from the member's spouse, the member's spouse may seek a qualified domestic relations order to attach the member's retirement benefits and spouses benefits.
Referred to the Committee on Retirement.
SB 178. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that a designated voting compartment or booth be reserved for handicapped voters in precincts of a certain size.
Referred to the Committee on Governmental Affairs.
SB 180. By Senators Deal of the 49th and Barker of the 18th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the place of detention of a child; to provide for limitations thereon; to provide for transfers; to provide for notices, practices, and procedures; to provide for time limits; to provide for definitions; to provide an effective date.
Referred to the Committee on Judiciary.
SB 240. By Senators Ray of the 19th, Kennedy of the 4th and Timmons of the llth:
A bill to amend Part 1 of Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants to local school systems for relief of local taxpayers, so as to repeal a provision defining "average daily attendance"; to change the provisions relating to the allotment of grants.
Referred to the Committee on Appropriations.
Representative Childers of the 15th moved that the following Bill of the House be withdrawn from the Committee on Education and referred to the Committee on Insurance:
HB 606. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public schoolteachers' health insurance plan, so as to change the definition of the term "public schoolteacher"; to provide that contracts for health insurance for retiring public schoolteachers and their dependents shall be defined by regulations of the board.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
694
JOURNAL OP THE HOUSE,
HB 469. By Representative Thompson of the 20th:
A bill to amend Code Section 19-13-22 of the Official Code of Georgia Annotated, relating to the eligibility of family violence centers for licensing and funding, so as to authorize grants of county and municipal funds to certain family violence centers.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Y Aiken Alford Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove 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 Clark,L
Y Colbert Coleman
Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cumming8,M Y Davis,C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Floyd Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Manner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson
Ylrwin Y Isakson Y Jackson,J
Jackson,W Jamieson Y Jenkins Y Johnson
Y Jones Kilgore Kingston Lane.D
Y LaneJR Y Langford
Lawrence Y Lawson
YLee Y Linder
YLong Lord
Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Milan Y Mobley
Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr
Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding
Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C
Walker.L YWall
Ware Y Watson Y Watts
White Wilder WUlianu,B Y Williams.J
Y Yates 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.
Representative Richardson of the 52nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 451. By Representatives Couch of the 36th, Hudson of the 117th, Bargeron of the 108th, Watson of the 114th, Ray of the 98th and others:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to clarify the authority of the State Board of Accountancy to contract with third parties to perform administrative services relating to examinations.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 8, 1989
695
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken
Alford Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck
Benefield Benn Y Birdsong Y Bishop Bostick Y Branch Y Breedlove Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter 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 Cumming8,B Y Cummings,M Y Davis.C
Y Davis,G N Davis.M Y Dixon,H N Dixon.S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart
Felton Y Fennel
Floyd Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham
Y Griffin Y Groover N Hamilton Y Manner
Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Kilgore N Kingston
N Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley
Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr YOrrock Y Padgett N Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston
NPoag Y Porter Y Poston Y Powell
Rainey YRandall Y Ransom YRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Simpson
On the passage of the Bill, the ayes were 144, nays 7. The Bill, having received the requisite constitutional majority, was
The Speaker Pro Tern assumed the Chair.
Y Sinkfield
Y Smith,L Y Smith,P
Smith.T Y Smith.W YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Y Stephens Y Teper
Y Thomas,C Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle
Walker.C Walker,L Y Wall
Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
HB 274. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 34-9-105 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 appeals to the superior court and an application for review to the board made from the same final award of an administrative law judge shall be heard first by the board with appeal rights to the superior court.
The following Committee substitute was read and adopted:
, A BILL
To amend Code Section 34-9-105 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 appeals to the superior court and an application for review to the board made from the same final award of an administrative law judge shall be heard first by the board with appeal rights to the superior court; to provide that a decision of the board, if heard within 60 days from the date of filing of the appeal, shall be considered affirmed if no order of the court has been entered within 20 days from the date of the hearing; to provide for editorial revision; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
696
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-9-105 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensation, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows:
"(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 or administrative law judges, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in this Code section; provided, however, no such appeal may be made from a final award of an administrative law judge to both the superior court and the board. If such an appeal to the superior court and an application for review to the board are both timely made from the same final award of an administrative law judge, such shall be heard first by the board with appeal rights thereafter to the superior court as provided in this subsection. Any party conceiving himself aggrieved may file an application in writing with the board asking for an appeal from any final decision of the board and stating generally the grounds upon which such appeal is sought. In the event of an appeal, the board shall, within 30 days of the filing, transmit certified copies of all documents and papers 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 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 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. If a case is heard within 60 days from the date the appeal is filed, the decision of the board shall be considered affirmed if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing."
Section 2. Said Code section is further amended by striking subsection (d) in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) No decision of the board shall be set aside by the court upon any grounds other than one or more of the grounds stated abeve in subsection (c) of this Code section. If not set aside upon one or more of the grounds stated in subsection (c) of this Code section 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 decision of the board so appealed from. Upon the setting aside of any such 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. The date of the judgment by the superior court with regard to the appeal of the final award or any other final order of the board or administrative law judge shall be the date of the order of the court or the date on which the final award or final order is otherwise considered affirmed under the provisions of subsection (b) of this Code section."
Section 3. This Act shall become effective on July 1, 1989, 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, 1989.
WEDNESDAY, FEBRUARY 8, 1989
697
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 V Abernathy Y Adams Y Aiken Y Alford
Alien Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M YBeck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
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
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart
Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner
Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Par ham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston
Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith, W
Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall YWare
Y Watson Y Watts
White
Wilder Williams.B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Steele of the 97th 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 574. By Representative Simpson of the 70th:
A bill to amend Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts in general, so as to provide that the board shall be authorized to require continuing education as a condition of certificate renewal.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
698
JOURNAL OF THE HOUSE,
Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Alien Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Coleman Colwell Connell
Y Couch Coi
Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin
Groover
Hamilton Y Hanner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieaon Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Moody
Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter YPoston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Richardson Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Steele
Y Stephens Y Teper
Thomas,C Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Walker.C Y Walker,L Y Wall YWare
Y Watson Y Watts
White Wilder Y Williams,B Y Williama.J
Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was
Representative Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 422. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Oakwood, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
The following Senate substitute was read:
A BILL
To amend an Act creating a new charter for the City of Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), as amended, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council; to provide for related matters; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 8, 1989
699
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Oakwood, approved March 9, 1979 (Ga. L. 1979, p. 3089), as amended, is amended by striking Section 2.8 in its entirety and substituting in lieu thereof a new Section 2.8 to read as follows:
"Section 2.8. Organizational meeting. The city council shall hold an organizational meeting in January following each general municipal election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
'I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.'"
Section 2. Said Act is further amended by striking Section 5.1 in its entirety and substituting in lieu thereof a new Section 5.1 to read as follows:
"Section 5.1. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Election Code,' as now or hereafter amended."
Section 3. Said Act is further amended by striking Section 5.2 in its entirety and substituting in lieu thereof a new Section 5.2 to read as follows:
"Section 5.2. Regular elections; time for holding; election by majority, (a) (1) On Tuesday next
following the first Monday in November, 1989, and on that day every two years thereafter there shall be a general municipal election for successors to the mayor and the other members of the city council whose terms of office expire the following January.
(2) The mayor shall be elected at the general municipal election conducted in 1989 and quadrennially thereafter.
(3) (A) For the purpose of electing members of the city council, the City of Oakwood shall consist of one election district with five numbered posts designated as Posts 1 through 5, respectively. Persons seeking election to the council shall select the post for which they offer as a candidate.
(B) The members of the city council representing Posts 1 and 2 shall be elected at the general municipal election in 1989 and quadrennially thereafter.
(C) The members of the city council representing Posts 3, 4, and 5 shall be elected on Tuesday next following the first Monday in November, 1990, and shall serve until the organizational meeting in January, 1996. Successors to the members of the city council representing Posts 3, 4, and 5 shall be elected at the general municipal election in November, 1995, and quadrennially thereafter. (4) The terms of office of the mayor and the other members of the city council shall commence at the time of taking the oath of office as provided in Section 2.8 of this charter and they shall serve until their successors are duly elected and qualified, (b) (1) The candidate receiving a majority of the votes cast shall be declared the winner of the elective city office such candidate is seeking. (2) In the event that no candidate receives a majority of the votes cast, a run-off election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Election Code,' as now or hereafter amended. (3) In the event of a tie between the two candidates receiving the highest number of votes, a special election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Election Code,' as now or hereafter amended."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Jackson of the 9th moved that the House agree to the Senate substitute to HB 422.
700
The motion prevailed.
JOURNAL OF THE HOUSE,
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 565. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Robinson of the 96th, Lawson of the 9th 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 regulate the business of renting motor vehicles; to define certain terms; to provide that authorized drivers of rental vehicles shall not be liable for damage to rental vehicles except in certain situations.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
YBenn Y Birdsong Y Bishop N Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell
N Carter Y Chambless Y Chance
Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert
Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B
Cummings,M Y Davis.C Y Davis.G N Davis.M Y Dixon.H
Y Dixon,S Dobbs
Y Dover Y Dunn Y Edwards
N Ehrhart N Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene N Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson N Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee N Linder YLong YLord Y Lucas N Lupton Y Mangum Y Martin N McCoy
McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore N Morton
Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Pinkston YPoag
Y Porter Y Poston Y Powell Y Rainey Y Randall N Ransom NRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Y Smith.T Y Smith, W Y Smyre NSnow Y Stancil.F N Stancil.S
Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert N Townsend Y Twiggs N Vaughan Y Waddle
Walker.C Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams ,J
N Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 136, nays 20. 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:
WEDNESDAY, FEBRUARY 8, 1989
701
HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
The following Senate substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to provide for the issuance of disabled license plates to certain persons; to provide for exceptions to the county decal requirement on license plates; to provide for special license plates to be issued to the Department of Public Safety and certain elected officials; to provide for definitions; to provide that the certificate of title shall not be required to show the type of lien or security interest; to provide for recordation of odometer readings on certificates of title for certain motor vehicles; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Article 2 of Chapter 2, relating to registration and licensing of motor vehicles generally, a new Code Section 40-2-43 to read as follows:
"40-2-43. The commissioner shall not issue a license plate or revalidation decal for any motor vehicle which is a 'salvage' or 'rebuilt' motor vehicle as provided in Chapter 3 of this title unless the owner of such vehicle submits satisfactory proof to the commissioner that the motor vehicle inspection required by Code Section 40-3-35.1 has been performed and such vehicle has been determined to be in full compliance with the law."
Section 2. Said title is further amended by adding a new Code Section 40-2-60.1 to read as follows:
"40-2-60.1. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and upon compliance with the state laws relating to registration and licensing of motor vehicles and may be transferred as provided in Code Section 40-2-76."
Section 3. Said title is further amended by striking Code Section 40-2-72, relating to special license plates for disabled persons, in its entirety and inserting in lieu thereof a new Code Section 40-2-72 to read as follows:
"40-2-72. (a) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting satisfactory proof to the commissioner or one of his agents that he has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of
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JOURNAL OF THE HOUSE,
crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner.
(b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term 'hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended.
(c) Upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submission of satisfactory proof of disability as provided in subsection (a) of this Code section:
(1) Any resident person who is the joint owner of a motor vehicle with a disabled person as prescribed in this Code section shall be authorized to obtain such specialized plates for such jointly owned vehicle; and
(2) Any resident motor vehicle owner who is the parent or legal guardian of a person who is disabled as prescribed in this Code section shall be authorized to obtain such specialized plates for such vehicle. Upon the death of the disabled person or if the joint ownership of such vehicle ceases for any reason, the specialized license plate shall be canceled and the owner of such motor vehicle shall be issued a regular license plate for such vehicle. {) (d) The commissioner is directed to furnish such license plates as provided for in this Code section, which shall bear the official international wheelchair symbol or a reasonable facsimile thereof, or such other symbols as the commissioner may deem appropriate. (4) (e) The commissioner may begin issuing disabled persons' license plates with the year 1976. (e) (f) Any person who is not a handicapped disabled person as prescribed in this Code section or a person otherwise entitled to obtain such special license plates and who willfully and falsely represents himself as having the qualifications to obtain the special plates prescribed by this Code section shall be guilty of a misdemeanor. (f-) (g) Any person owning a vehicle bearing the special plates and not entitled to do so under this Code section shall be guilty of a misdemeanor."
Section 4. Said title is further amended by striking subsection (a) of Code Section 40-2-77, relating to county name decals on license plates, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection (b) of this Code section, any metal seven-year five-year special, distinctive, or prestige license plate, except those provided for in Code Section 40-2-60.1, Code Section 40-2-61, and Code Section 40-2-78, issued or reissued as authorized in this article from and after July 1, 1985, shall contain a space for a county name decal; and the provisions of this chapter relative to county name decals shall be applicable to all such license plates."
Section 5. Said title is further amended by adding at the end of Article 3 of Chapter 2 of said title, relating to prestige and special license plates, a new Code Section 40-2-78 to read as follows:
"40-2-78. The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by troopers of the Georgia State Patrol. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the commissioner of revenue. License plates issued pursuant to this Code section need not contain a place for the county name decal and no county name decal need be affixed to a license plate issued pursuant to this Code section."
Section 6. Said title is further amended by striking paragraph (10) of Code Section 40-3-2, relating to definitions relative to motor vehicle certificates of title, in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows:
WEDNESDAY, FEBRUARY 8, 1989
703
"(10) 'Major component part' means any one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, grille, hood, and bumper); (B) Rear clip assembly (quarter panels and floor panel assembly); (C) Engine and transmission; (D) Top assembly, with the exception of soft tops; (E) Frame; or (F) Complete side (fenders, door, and quarter panel)."
Section 7. Said title is further amended by striking Code Section 40-3-25, relating to the contents of the certificate of title, in its entirety and inserting in lieu thereof a new Code Section 40-3-25 to read as follows:
"40-3-25. (a) Each certificate of title issued by the commissioner shall contain: (1) The date issued; (2) The name and address of the owner; (3) The names and addresses of the holders of any security interest and of any
lien; with; respectively, the type ef security agreement and the date thereof an4 the type ef Hen and date thereof or dates of such security interest or lien in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;
(4) The title number assigned to the vehicle; (5) A description of the vehicle including, so far as the following data exists exist: its make, model, identifying number, type of body, number of cylinders, whether new or used, and, if a new vehicle, the date of the first sale of the vehicle for use; and (6) Any other data the commissioner prescribes. (b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, or naming of a security interest holder and of a lienholder and the assignment or release of the security interest and lien. (c) A certificate of title issued by the commissioner is prima-facie evidence of the facts appearing on it. (d) A certificate of title for a vehicle is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle."
Section 8. Said title is further amended by striking Code Section 40-3-25.1, relating to entry of odometer readings on certificates of title, in its entirety and inserting 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 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. Notwithstanding any other provision of this Code section, the odometer reading of any motor vehicle which is more than ten model years old shall not be required to be recorded on the certificate of title for such vehicle. 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
704
JOURNAL OF THE HOUSE,
authorized and directed to provide by regulation for the implementation of this Code section."
Section 9. Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to temporary registration permits, is amended by striking said Code section which reads as follows:
"48-10-3.1. (a) As used in this Code section, the term 'vehicle' means any vehicle which is required by the motor vehicle registration laws of this state to be registered prior to being operated on the highways of this state.
(b) The commissioner may, upon written application, issue a temporary registration permit to the owner of any vehicle which does not have a valid motor vehicle registration. Such temporary registration permit shall authorize the vehicle to be operated on the highways of this state subject to the limitations contained in such permit.
(c) The owner of the vehicle shall make application to the commissioner or his duly authorized agent for a temporary registration permit on such forms as the commissioner shall prescribe. Each application shall be accompanied by a registration fee of $10.00 for each vehicle for which an application is submitted.
(d) The temporary registration permit shall be valid for one vehicle and shall be valid for a period of 30 days from the date of issue. Upon application and payment of an additional fee of $10.00, temporary registration permits may be renewed for 30 day periods; however, no permit shall be renewed more than three times during any 12 month period.
(e) The procedures for application and issuance of temporary registration permits and the disposition of fees shall be the same as for other motor vehicles registered in this state. Compliance with this Code section shall be deemed to be compliance with the motor vehicle registration requirements of this state.
(f) Any owner who has been convicted of operating a vehicle in violation of the motor vehicle registration laws of this state shall not be eligible to receive a temporary registration permit as authorized by this Code section for a period of 12 months from the date of conviction.
(g) The violation of any limitation contained in a temporary registration permit shall constitute a misdemeanor.", in its entirety.
Section 10. This Act shall become effective July 1, 1989, except that only for purposes of issuance of five-year license plates Section 3 of this Act shall become effective January 1, 1990.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Jackson of the 9th and Beck of the 148th move to amend the Senate substitute to HB 131 as follows:
By inserting on line 29 - page 3 after the word "the" - the following:
"spouse,".
Representative Jackson of the 9th moved that the House agree to the Senate substitute to HB 131, as amended by the House.
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams Y Aiken
Y Alford
Alien
Y Athon Y Atkins Y Bailey
Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett.B
Y Barnett,M
Y Beck Y Benefield
Benn
Y Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks
WEDNESDAY, FEBRUARY 8, 1989
Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter
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
Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinks ton YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Y Reaves Redding
Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith,W
On the motion, the ayes were 157, nays 0. The motion prevailed.
705
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Williams.J Y Yates Y Yeargin Murphy.Spkr
By unanimous consent, the following Bills of the House were withdrawn from the Committee on Retirement and referred to the Committee on State Planning and Community Affairs:
HB 624. By Representative Couch of the 36th:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County," so as to provide for a Fulton County School Employees' Retirement Plan of 1990.
HB 625. By Representative Couch of the 36th:
A bill to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes," so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees' Pension System.
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 House and has instructed me to report the same back to the House with the following recommendations:
HB 321 Do Pass HB 337 Do Pass
HB 427 Do Pass HB 428 Do Pass
706
JOURNAL OF THE HOUSE,
Respectfully submitted, /s/ Mangum of the 57th
Chairman
Representative Holmes of the 28th 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 403 Do Pass HB 404 Do Pass
SB 5 Do Pass SB 8 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 69 Do Pass HB 503 Do Pass, by Substitute SB 38 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 House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 182 Do Pass, by Substitute HB 367 Do Pass, by Substitute HB 201 Do Pass, by Substitute HB 484 Do Pass
HB 513 Do Pass HB 514 Do Pass, by Substitute SB 31 Do Pass, by Substitute SB 127 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:
WEDNESDAY, FEBRUARY 8, 1989
707
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 140 Do Pass, by Substitute ' HB 380 Do Pass, as Amended HB 519 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 20 Do Pass SB 101 Do Pass
HB 535 Do Pass HB 324 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 220 Do Pass HB 421 Do Pass, by Substitute HB 248 Do Pass, by Substitute HB 483 Do Pass HB 485 Do Pass
HB 486 Do Pass HB 487 Do Pass, by Substitute HB 488 Do Pass HB 489 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
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.
708
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, February 9, 1989
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 Vernon D. Floyd, Pastor, Mt. Pilgrim Baptist Church, Albany, 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 729. By Representatives Smith of the 156th and Fennel of the 155th: A bill to amend an Act creating the Magistrate Court of Glynn County, so as to provide for the collection of an additional fee for the benefit of the Glynn County Law Library on each case filed in the Magistrate Court of Glynn County; to provide for the amount of the fee.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 730. By Representatives Smith of the 156th and Fennel of the 155th: A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
THURSDAY, FEBRUARY 9, 1989
709
HB 731. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs required by the "Quality Basic Education Act," so as to provide that the school readiness assessment prepared by the State Board of Education shall be uniform state wide for all students entering first grade.
Referred to the Committee on Education.
HB 732. By Representatives Kingston of the 125th, Mueller of the 126th, Hamilton of the 124th, Pannell of the 122nd and Dixon of the 128th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of vehicles, so as to provide penalties for the failure to obtain a registration for a new motor vehicle or to transfer a registration of a used motor vehicle within the statutory time limits.
Referred to the Committee on Motor Vehicles.
HB 733. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to the removal, resignation, settlement, and letters of dismission of a guardian, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust.
Referred to the Committee on Judiciary.
HB 736. By Representatives Buford of the 103rd, Birdsong of the 104th, Groover of the 99th, Lucas of the 102nd, Randall of the 101st and others:
A bill to amend an Act to provide a new charter for the City of Macon, so as to provide that newly elected mayors and council members shall take office on the second Tuesday of December following their election.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 737. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment.
Referred to the Committee on Retirement.
HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment.
Referred to the Committee on Retirement.
710
JOURNAL OF THE HOUSE,
HB 7,39. By Representative Holmes of the 28th:
A hill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to provide for certain rehabilitation as an eligible activity within certain commercial enterprise zones.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 240. By Representatives Athon of the 57th and Mangum of the 57th: A resolution compensating Ms. Eunice Steen.
Referred to the Committee on Appropriations.
HR 241. By Representative Coleman of the 118th: A resolution compensating Frances and Bob Hancock.
Referred to the Committee on Appropriations.
HR 242. By Representative Birdsong of the 104th: A resolution designating the Lightwood Knot Bridge.
Referred to the Committee on Transportation.
HR 243. By Representatives Tolbert of the 58th, Jackson of the 9th, Twiggs of the 4th, Stancil of the 8th, Davis of the 45th and others:
A resolution to create the House Drivers' Licensing Study Committee to study the feasibility of requiring blood tests in conjunction with the issuance or renewal of drivers' licenses at the expense of the applicants.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:
HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter.
Referred to the Committee on Judiciary.
HB 745. By Representatives Reaves of the 147th, Royal of the 144th, Greene of the 130th, Holland of the 136th, Moore of the 139th and others:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to revise such Act; to provide for a short title.
Referred to the Committee on Agriculture & Consumer Affairs.
THURSDAY, FEBRUARY 9, 1989
711
HB 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limited-access roads which are constructed in whole or as a part of a tollway project.
Referred to the Committee on Transportation.
HB 758. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Part 2 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to revenue bonds of the State Tollway Authority, so as to permit the obtaining of loans and the sale of bonds and notes under conditions to be established by the authority.
Referred to the Committee on Transportation.
HR 265. By Representatives Aiken of the 21st, Atkins of the 21st and Lawrence of the 49th:
A resolution compensating Mr. Oscar Rangel.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 690 HB 691 HB 692 HB 693 HB 694 HB 695 HB 696 HB 697 HB 698 HB 699 HB 700 HB 701 HB 702 HB 703 HB 704 HB 706 HB 707 HB 708 HB 709 HB 710 HB 711 HB 712 HB 713 HB 714 HB 715 HB 718 HB 719
HB 720 HB 721 HB 722 HB 723 HB 724 HB 725 HB 726 HB 727 HB 728 HB 734 HB 735 HR 222 HR 226 HR 227 HR 228 SB 2 SB 9 SB 47 SB 93 SB 124 SB 137 SB 147 SB 152 SB 160 SB 178 SB 180 SB 240
712
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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 8 Do Pass, by Substitute HB 440 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 70 Do Pass, by Substitute HB 204 Do Pass, by Substitute HR 162 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 340 Do Pass, by Substitute HB 341 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 472 Do Pass, by Substitute
THURSDAY, FEBRUARY 9, 1989
713
Respectfully submitted, /s/ Ware of the 77th
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 187 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 101st
Chairman
Representative Lane of the 27th 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 656 Do Pass HB 658 Do Pass HB 664 Do Pass HB 665 Do Pass
HB 678 Do Pass HB 685 Do Pass HB 687 Do Pass HB 688 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 9, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:
HB 69 HB 140 HB 201 HB 215 HB 220 HB 263 HB 344 HB 403 HB 421 HB 481 HB 483
Controlled Substances: Amend List Hospital Authorities: Open Meetings: Certain Exemptions Insurance: Unfair Practices: Aftermarket Crash Parts State-wide Planning and Development: Facilitate Joint County/Municipal Sales Tax: Special Districts: Proceeds Natural Resources Department: Marinas: Certain Provisions Contractors: Examination Requirements: Licensure Elections: Polling Places; Cert. Campaign Activities: Prohibitions Ad Valorem Tax: Education: Preparation of Digests Taxation: Certain Assessments: Notification by Mail Public Revenue Code: Reference Date: Federal Tax Code
714
JOURNAL OF THE HOUSE,
HB 484 Farmers' Mutual Fire Ins. Companies: Required Assets HB 485 Income Tax: Payments of Estimated Taxes: Date HB 513 Insurers: Certain Annuity Contracts: Issuance HB 519 Property Owner: Failure to Disclose Certain Info.: Prohibit Action
HR 16 Boutwell, Aaron E.: Compensate HR 76 Fuller, G. Douglas and Alice K.: Compensate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, 1st Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 656. By Representative Branch of the 137th:
A bill to place the coroner of Ben Hill County on a salary in lieu of the fee system of compensation; to provide for a deputy coroner and a salary for the deputy coroner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 658. By Representative Green of the 106th:
A bill to amend an Act relating to the Magistrate Court of Greene County, so as to change provisions relating to the compensation of the chief magistrate of that court and the number of the other magistrates of that court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 664. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to establish the commencement date of the terms of office of councilors following an election.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 9, 1989
715
HB 665. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for five alternate members of the Personnel Review Board and authorize alternate members to act as regular members under certain circumstances.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 678. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a change in the compensation of certain Newton County officials, so as to provide for a supplement for the Chairman of the Board of Commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 685. By Representative Yeargin of the 14th:
A bill to amend an Act providing a board of commissioners for the County of Elbert, so as to change the salary, compensation, per diem, and expenses of the chairman and other members of the Board of Commissioners of Elbert 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 687. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and members of the board and provide for an expense allowance.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 688. By Representative Green of the 106th:
A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation of the coroner.
716
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.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
HB 512. By Representative Reaves of the 147th:
A bill to amend an Act creating the board of county commissioners of Brooks County, so as to change the compensation of the chairman and the members of the board of county commissioners.
HB 551. By Representative Smith of the 78th: A bill to create the Lamar County Water and Sewer Authority.
SB 153. By Senators Barker of the 18th and Newbill of the 56th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal proceedings, so as to provide for the taking of testimony of certain children in criminal proceedings in which a person is charged with a violation of Code Section 16-5-70, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, or 16-6-5.1; to provide for practices and procedures.
SB 249. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of health insurance, life insurance, disability insurance, liability insurance, retirement and pension coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.
HB 59. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain write-in ballots shall be counted at tabulating centers; to provide for procedures; to provide that certain poll officers shall not count certain write-in ballots.
HB 62. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for mandatory annual training for certain election superintendents and registrars.
THURSDAY, FEBRUARY 9, 1989
717
HB 63. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to qualifications of registrars and deputy registrars, so as to provide that deputy registrars at permanent additional voter registration sites do not have to he residents of the county in which they serve.
HB 66. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to correct certain citations to federal law.
HB 72. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Patten of the 149th, Goodwin of the 63rd and others:
A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to the form of registration cards, so as to provide for the issuance of a card to registered voters containing certain indentification, precinct, and district information; to provide for powers, duties, and authority of the Secretary of State and boards of registrars with respect to such card.
HB 142. By Representative Connell of the 87th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Systems Standards Law," so as to provide that a certain amendment to the law providing for the Georgia Firemen's Pension Fund shall not be subject to the Public Retirement Systems Standards Law under certain conditions.
HB 143. By Representatives Connell of the 87th and Cummings of the 17th:
A bill to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability benefits under the Georgia Firemen's Pension Fund, so as to change the provisions relating to such disability benefits; to amend Code Section 47-7-124 of the Official Code of Georgia Annotated, relating to limitation of certain actions, so as to provide that the Board of Trustees of the Georgia Firemen's Pension Fund shall not assert after April 1, 1989, any claim.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 90. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
The Senate has adopted by the requisite constitutional majority the following Resolution of the House:
718
JOURNAL OF THE HOUSE,
HR 229. By Representative Watts of the 41st:
A resolution designating the week of December 1 through 7, 1989, as Public School Cafeteria Workers Week in Georgia.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 232. By Senators Scott of the 2nd, Allgood of the 22nd and Hammill of the 3rd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportunities without regard to certain factors and conditions; to provide a short title; to provide for legislative intent; to provide for definitions; to prohibit certain employment related conduct and permit other such conduct.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 153. By Senators Barker of the 18th and Newbill of the 56th:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to conduct of criminal proceedings, so as to provide for the taking of testimony of certain children in criminal proceedings in which a person is charged with a violation of Code Section 16-5-70, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5, or 16-6-5.1; to provide for practices and procedures.
Referred to the Committee on Judiciary.
SB 232. By Senators Scott of the 2nd, Allgood of the 22nd and Hammill of the 3rd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportunities without regard to certain factors and conditions; to provide a short title; to provide for legislative intent; to provide for definitions; to prohibit certain employment related conduct and permit other such conduct.
Referred to the Committee on Industrial Relations.
SB 249. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to authorize the governing authority of any county to provide, and to expend county funds for the provision of health insurance, life insurance, disability insurance, liability insurance, retirement and pension coverage, and other similar or related employment benefits for elected county officers and the personnel thereof.
Referred to the Committee on State Planning & Community Affairs.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Natural Resources and Environment:
THURSDAY, FEBRUARY 9, 1989
719
HB 700. By Representatives Teper of the 46th, Lane of the lllth, Porter of the 119th, Edwards of the 112th, Cheeks of the 89th and others:
A bill to amend Code Section 12-9-8 of the Official Code of Georgia Annotated, relating to state permits for the construction and use of any source of air contaminants, so as to provide that no such permit shall be issued until all required county and municipal business licenses and other permits have been obtained.
By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on State Institutions and Property:
SR 5. By Senator Barnes of the 33rd:
A resolution authorizing the conveyance of certain state owned property located in the City of Marietta, Georgia, to the Downtown Marietta Development Authority; to authorize the sale of certain state owned property which is the subject of a lease with the City of Marietta under certain conditions; to provide an effective date.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 16. By Representative Buck of the 95th: A resolution compensating Mr. Aaron E. Boutwell.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Aaron Abernathy Y Adams Y Aiken Y Alford Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y 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 Cox
Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.C Y Davis.G
Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Felton Y Fennel
Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Lupton Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom Y Ray Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre
720
JOURNAL OF THE HOUSE,
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele
Stephens
Y Teper Y Thomas.C
Thomas.M
Y Thompson Thurmond
Y Titus
Y Tolbert Townsend
Y Twiggs
Y Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White
Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy ,Spkr
On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Bannister of the 62nd and Davis of the 45th 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.
HB 484. By Representative Selman of the 32nd;
A bill to amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to increase the amount of funds which must be deposited representing a surplus of assets over liabilities for writing certain insurance coverage; to increase the maximum amount of insurance that may be retained on certain subjects.
The report of the Committee, which was favorable to the 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Balkcom Bannister Y Barfoot Y Bargeron Y Barnett.B Barnett.M Y Beck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell
Y Carter Y Charnbless
Chance Y Cheeks
Childers Y Clark.B
Clark.H Y Clark.L Y Colhert
Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G
Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson.J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas
Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Meadows
Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F
Stancil.S
Y Stanley Y Steele
Stephens Y Teper
Thomas.C Thomas.M Y Thompson Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Walker.C Walker.L Y Wall Y Ware
Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 14,3, nays 0. The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 9, 1989
721
Representatives Bannister of the 62nd and Davis of the 45th 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.
HB 519. By Representatives Dunn of the 73rd, Robinson of the 96th, Pettit of the 19th, Walker of the 115th, Lee of the 72nd and others:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that no cause of action shall arise against the owner of real property or the agent of such owner for the failure to disclose to a purchaser or prospective purchaser of such property that the property was occupied by a person having certain diseases or was the site of a homicide or other felony or a suicide.
The following Committee substitute was read:
A BILL
To amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, so as to provide that no cause of action shall arise against the owner of real property or the agent of such owner for the failure to diiclose to a purchaser or prospective purchaser of such property that the property was occupied by a person having certain diseases or was the site of a homicide or other felony or a suicide; to provide for responses to the inquiries of prospective purchasers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding property, is amended by adding after Code Section 44-1-15, relating to the removal or destruction of survey monuments, a new Code Section 44-1-16 to read as follows:
"44-1-16. No cause of action shall arise against an owner of real property or the agent of such owner for the failure to disclose to a purchaser or prospective purchaser of such real property the fact or suspicion that such property:
(1) Was occupied by a person who was infected with Human Immunodeficiency Virus or diagnosed with Acquired Immunodeficiency Syndrome or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through the occupancy of a dwelling place previously occupied by such an infected person; or
(2) Was the site of a homicide or other felony or a suicide; provided, however, an owner or the agent of such owner shall answer truthfully to the best of such owner's or agent's knowledge, any question from a prospective purchaser concerning the provisions of paragraphs (1) or (2) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Childers of the 15th moves to amend the Committee substitute to HB 519 as follows:
By striking the words Human Immunodeficiency on line 23 page 1 and inserting the letter "A" on line 23 page 1 after the word with, and by striking the words "or diagnosed with" on line 23 page 1 and by striking the words "Acquired Immunodeficiency Syndrome" on line 24 page 1.
The Committee substitute, as amended, was adopted.
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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:
N Aaron Abernathy
N Adams Y Aiken
Alford Y Alien N Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks N Brown Y Buck Y Buford N Byrd N Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell N Couch
Cox Crawford N Crosby Y Cummings.B N Cummings,M N Davis.C N Davis.G N Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Ehrhart N Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Y Manner N Harris
Hasty Heard Y Herbert Y Holcomb N Holland N Holmes Y Hooks Y Howren Y Hudson N Irwin Y Isakson Y Jackson,J Jackson.W Y Jamieson N Jenkins Johnson Y Jones Y Kilgore Y Kingston N Lane.D N Lane.R Y Langford N Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton N Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney,B
Y McKinney.C Meadows
Y Milam Y Mobley N Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett N Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell N Rainey Y Randall Y Ransom NRay Y Reaves Y Redding N Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
N Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S N Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Y Thompson Y Thurmond Titus Y Tolbert Y Townsend Twiggs Y Vaughan Y Waddle N Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B N Williams.J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 126, nays 35.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, HB 519, by substitute, as amended, was ordered immediately transmitted to the Senate.
The Speaker Pro Tern assumed the Chair.
HB 513. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st:
A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to permit an insurer to issue variable annuity contracts to pension, retirement, or profit-sharing plans which meet the requirements of Section 414 of the United States Internal Revenue Code.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 9, 1989
723
Y Aaron
Abernathy Y Adams
Aiken
Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Beck Y Benefield
Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd 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
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover
Y Hamilton
Manner
Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson
Y Irwin
Y Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum
Y Martin
Y McCoy
Y McDonald
Y McKelvey
McKinney,B
Y McKinney.C Meadows
Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y PoBton Y Powell
Rainey Y Randall Y Ransom Y Ray
Reaves Redding Richardson Ricketson
Y Robinson
Y Royal Selman Simpson
Y Sinkfield Y Smith.L
Smith,?
Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas, M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Y Ware Watson
Watts White
Y Wilder Y Williams.B
Williams.J
Y Yates
Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 143, nays 1. The Bill, having received the requisite constitutional majority, was passed.
HB 69. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
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 and provide for exceptions and exemptions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y 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
Y Colwell Connell
Y Couch
Cox
Y Crawford
Crosby
Y Cummings.B
Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd
Y Foster Y Godbee
Y Goodwin Green
Y Greene Y Gresham Y Griffin
Y Groover
Hamilton
Hanner
Y Harris
Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Y Hudson
Y Irwin Y Isakson
Y Jackson.J Jackson.W
Y Jamieson
Y Jenkins
Y Johnson Y Jones Y Kilgore
724
JOURNAL OF THE HOUSE,
Y Kingston Lane.D
Y Lane.R
Y Langford Y Lawrence Y Lawson
Lee
Y Linder Y Long
Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Meadows
Y Milam
Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell
Rainey
Y Randall Y Ransom
Y Ray Reaves Redding
Y Richardson Ricketson
Y Robinson Y Royal
Selman Simpson
Y Sinkfield Y Smith.L
Smith.P
Y Smith.T Y Smith.W
Smyre Y Snow
Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Walker.L
Y Wall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Retirement and referred to the Committee on Governmental Affairs:
HB 724. By Representative Holmes of the 28th:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council, so as to change the definition of the term "full-time"; to provide for confidentiality of individual account records.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 215. By Representatives Smyre of the 92nd, Lane of the 27th, McDonald of the 12th, Walker of the 115th, Isakson of the 21st and others:
A bill to amend the Official Code of Georgia Annotated, so as to provide a framework to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose.
The following Committee substitute was read and withdrawn:
A BILL
To amend the Official Code of Georgia Annotated, so as to provide a framework to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose; to provide for definitions; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to create the Governor's Development Council; to provide for the membership, functions, powers, and responsibilities of the Governor's Development Council; to provide for certain powers of the Governor; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise extensively the provisions relating to the Department of Community Affairs and the Board of Community Affairs; to provide the powers, duties, responsibilities, and functions of the department, the commissioner, and the board; to provide for the membership of the board; to
THURSDAY, FEBRUARY 9, 1989
725
provide for the promulgation of rules, regulations, procedures, standards, and guidelines; to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to area planning and development commissions, so as to revise extensively the provisions relating to area planning and development commissions; to create and establish regional development centers; to provide for membership, dues, powers, duties, functions, and responsibilities of regional development centers; to provide for the succession of area planning and development commissions by regional development centers; to amend Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations, so as to provide for the powers, duties, and responsibilities of local governments with regard to comprehensive and coordinated planning and participation in regional development centers; to amend Article 1 of Chapter 2 of Title 12, relating to the general provisions regarding the Department of Natural Resources, so as to provide for the powers, duties, and responsibilities of the Department of Natural Resources with regard to the development and implementation of minimum land use standards to protect the natural resources, environment, and vital areas of the state; to amend the Official Code of Georgia Annotated so as to delete references to area planning and development commissions and change such references to regional development centers; to make editorial revisions; 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:
Part 1
Section 1.1. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by adding a new Article 6 to read as follows:
"ARTICLE 6
45-12-200. Coordinated and comprehensive planning by all levels of government within the State of Georgia is of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting coordinated and comprehensive planning by all levels of government. This article is intended to provide for the coordination of planning, at the direction of the Governor, by departments, agencies, commissions, and other institutions of the state, and this article shall be liberally construed to achieve that end.
45-12-201. As used in this article, the term: (1) 'Council' means the Governor's Development Council. (2) 'Planning' means the process of determining actions which state agencies shall
take. (3) 'State agency' means any department, agency, commission, or other institution
of the executive branch of the government of the State of Georgia. 45-12-202. The Governor's Development Council is created in the office of the Governor. 45-12-203. (a) The Governor shall serve ex officio as chairman of the council. (b) Membership on the council shall be determined as follows: the Commissioner of Agriculture, the commissioner of community affairs, the State School Superintendent, the commissioner of human resources, the commissioner of industry and trade, the Commissioner of Labor, the commissioner of natural resources, the commissioner of technical and adult education, the commissioner of transportation, the chancellor of the Board of Regents of the University System of Georgia, the director of the Office of Planning and Budget, the executive director of the Georgia Environmental Facilities Authority, the commissioner of revenue, the executive director of the State Soil and Water Conservation Commission, and the director of the Georgia Forestry Commission shall serve ex officio. (c) The Governor may, from time to time, appoint, in the Governor's discretion, additional members of the council, but the number of such additional members shall not exceed five at any one time. Each such member shall be the head of a state agency. Any such member shall serve only for a term designated by the Governor.
726
JOURNAL OF THE HOUSE,
(d) The council shall hold meetings as often as the Governor determines, but not less than once during each calendar month. The Governor as chairman may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. The Governor and five members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate. The Governor may establish, from time to time, such additional rules and procedures as the Governor deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the Governor deems appropriate.
45-12-204. The council, at the direction of the Governor and subject to this article, shall perform the following functions:
(1) Coordinate, supervise, and review planning by state agencies. This shall include, but shall not be limited to, coordination of long-range planning and coordination of the location and construction of public facilities on the basis of state, regional, and local considerations identified in the comprehensive state-wide plan developed by the Governor with the assistance of the Department of Community Affairs; and
(2) Establish procedures for, and take action to require, communication and coordination among state agencies in any respect which the council deems necessary or appropriate in order to further the coordination of planning by state agencies. 45-12-205. The Governor shall have the power to engage, appoint, or designate such staff or assistance for the council as the Governor may deem necessary or appropriate to assist the council in the exercise and performance of its duties. 45-12-206. All state agencies and all counties, municipalities, or other political subdivisions of the state, regional development centers, and other public agencies or public authorities shall have the power and authority to take all actions which may be necessary or appropriate to respond to inquiries and requests from the council, to cooperate with the council in carrying out its duties, and otherwise to take any action which the Governor or the council may direct or require in carrying ~out their duties under this article."
Part 2
Section 2.1. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Code Sections 50-8-1 through 50-8-12 and inserting in their respective places new Code Sections 50-8-1 through 50-8-12 to read as follows:
"50-8-1. The Department of Community Affairs is created as a department of the executive branch of state government. The Department of Community Affairs, as it existed immediately prior to February Q4-, 1088 July 1^ 1989, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after February 24; 1Q88 July 1^ 1989, the Department of Community Affairs shall have the duties, responsibilities, functions, power, and authority set forth in this article and otherwise provided by law.
50-8-2. (a) As used in this article, the term: {-B 'Area planning commission* means any tetett planning and development
commission er any metropolitan area planning and development commission created in accordance with this chapter.
(3} (1) 'Board' means the Board of Community Affairs. f3) (2) 'Commissioner' means the commissioner of community affairs. (3) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with this article. (4) 'Conflict' means any conflict, dispute, or inconsistency arising:
(A) Between or among comprehensive plans for any counties or municipalities, sed, prepared, proposed to be implemented, or implemented;
THURSDAY, FEBRUARY 9, 1989
727
(B) Between or among comprehensive plans for any regions, as proposed, prepared, proposed to be implemented, or implemented;
(C) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;
(D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department pursuant to this arti-
cle; or (E) Any action proposed to be taken or taken by any county, municipality, or
other local government relating to or affecting developments of regional impact, as defined by the department pursuant to this article. (4) (5) 'Constitution' means the Constitution of the State of Georgia. <&) (6) 'Contract' means any contract, agreement, or other legally binding arrangement. (7) 'Coordinated and comprehensive planning' means planning by counties and municipalities and by regional development centers in accordance with the minimum standards and procedures. Coordinated and comprehensive planning is one of the local government affairs for which the department is authorized to assist iii the performance of local government services. ($) (8) 'County' means any county of this state. fB (9) 'Department' means the Department of Community Affairs. 48) (10) 'Eligible recipient' means any local government, school district, or other government entity which may be eligible to receive funds from the department pursuant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department.
(9) (11) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authori-
ties. fWJ) (12) 'Local government' means any county, municipality, or other political sub-
division of the state; any area planning commission regional development center; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms a the group to carry out jointly any of their lawful purposes but shall not include school districts.
{44} (13) 'Local government affairs' means all matters involving or affecting local governments including, but not limited to, coordinated and comprehensive planning in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority.
(13) (14) 'Local government services' means the activities performed or authorized to be performed by the department including, but not limited to, its performance of duties, responsibilities, and functions in local government affairs and its exercise of power and authority in local government affairs.
(15) 'Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with this article.
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JOURNAL OF THE HOUSE,
fi3} (16) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(44) (17) 'Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning.
(18) 'Qualified local government' means a county or municipality which, in the judgment of the department as evidenced by certification of the commissioner from time to time:
(A) Has a comprehensive plan in conformity with the minimum standards and procedures;
(B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and
(C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (19) Hegion' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board in accordance with the provisions of subsection (f) of Code Section 50-8-4.
(20) 'Regional development center' means a regional development center established under Article 2 of this chapter.
<-H>) (21) 'Rural area' means any nonurban area in the state as defined in rules and regulations of the department.
(i6) (22) 'School district' means any school district, independent school system, or other local school system in the state.
<17-> (23) 'State' means the State of Georgia. (24) 'State agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia. (b) A reference to the terms of any contract or writing or to the terms under which any funds are made available shall include be construed as a reference to all terms, conditions, covenants, representations, warranties, and other provisions.
50-8-3. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest m establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this article is to provide for the department to serve this these essential public interest interests of the state m by developing, promoting, sustaining, and assisting local governments, by developing, promoting, and establishing standards and procedures for coordinated and comprehensive planning, by assisting local governments to participate in an orderly process for coordinated and comprehensive planning, and by assisting local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens. This article shall be liberally construed to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III,
Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the
state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the
department, the department shall:
(1) Develop, promote, sustain, and assist local governments;
(2) Provide a liaison between local governments and other governments, including
the state government and the federal government;
THURSDAY, FEBRUARY 9, 1989
729
(3) Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others;
(4) Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning;
(4) (5) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and responsibilities of local governments the provision ef coordinated and comprehensive planning; services; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; and
(6) (6) Serve as the representative of the Governor to local governments and in local government affairs on a regular basis and on special assignments as authorized by the Governor. 50-8-4. (a) The Board of Community Affairs, as it existed immediately prior to
shall be abolished effective July 1^ 1989, and the Board of Community Affairs, from and after July 1, 1989, is established in accordance with this Code section. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows:
respective successors sfe flppointed 8iwS Qu&liiicu. 1 nearest ter trie Oovernor srifl.ll
and qualified; (1) The terms of' all members of the Board of Community Affairs serving immedi-
ately prior to July L, 1989, shall expire effective July l 1989. The Governor shall appoint the initial members of the board for terms beginning on July I, 1989, or the date on which the Governor makes the appointment, whichever is later. The terms of initial members of the board shall expire on a staggered basis, as follows: the terms of three of the members shall expire on July l^ 1990, and the terms of three other members shall expire on each July I thereafter through July l 1994, when the terms of all initial members of the board shall have expired. The Governor shall specify, when he appoints each initial member of the board, the expiration date of that member's term. Upon expiration of the term of each initial member of the board, the Governor shall appoint all successor members of the board for terms of five years. The terms of initial members and subsequent members of the board shall extend beyond the date of expiration and until their successors are appointed and qualified;
(2) The board shall be composed of one member from each United States congressional district in the state and five additional members from the state at large. The membership ahall include, at aH times, five members who are elected officials f municipalities, live members wno arc elected oiticials f)t counties, and live memocrs
board shall include, at all times, not less than eight members who are elected officials of either counties or municipalities. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recommendations from the Georgia Municipal Association. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia. The remaining members shall be appointed by the Governor, in the Governor's discretion, from the state at large and need not be elected officials. These remaining members may be elected or appointed officials of local governments, citizens concerned with environmental issues, citizens interested in development, or other citizens who, in the judgment and discretion of the Governor, would enhance the board by their membership;
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(3) The term of a member shall expire when it ends or shall terminate earlier immediately upon:
(A) Resignation by a member; (B) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (C) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection; (4) The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the board to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection;
reappomt the hoard memoer whose term ~ts expiring or terminating, the following procedure shall apply:
\ A 7if trie former mcmoer wfls appointed from a congressional district, the Governor shall appoint a new member from the saflfte congressional district;
\u/ it the former memoer was appointed trom the state at large, the Lrovernor
or an elected of I icial ot a county, the vrovernor shall appoint a new member who is either an elected oiticiai of a municipality or a county, as the case may i&ej and (5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office. (c) Officers of the board shall be elected and shall serve as follows: (1) The officers of the board serving immediately prior to February 24; 1088 July 1, 1989, shall continue cease to serve the respective terms for which they were elected^ effective July 1_, 1989; and until their respective successors tote elected ad qualified; (2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board;
(3) The board shall elect officers at each May meeting or, if there is no May meeting, at the next monthly meeting; and
(4) Officers shall serve for a term of one year, beginning with their election and qualification and ending with the election and qualification of their respective successors; and ;
(5) No person shall hold the same office on the board for more than one term consecutively.
(d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. Five members of the board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the board deems appropriate.
(e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for the use of a personal automobile in connection with such attendance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
THURSDAY, FEBRUARY 9, 1989
731
(f) The board shall determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center; provided, however, any action of the board altering the boundaries of a regional development center shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. The boundaries of each region shall be established initially so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center.
50-8-5. (a) The office of the commissioner of community affairs, as it existed immediately prior to February 24; 1988 July 1^ 1989, shall continue to exist in accordance with this article. The commissioner shall be the department head, whose duties shall include serving as the department's chief executive officer and administrative head. The commissioner serving immediately prior to February 24; 1988 July 1^ 1989, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner.
(b) The commissioner shall have and may exercise the following power and authority:
(1) The power and authority to take or cause to be taken any or all action necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
(2) The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any local government services, to carry into effect the minimum standards and procedures for coordinated and comprehensive planning, or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise; and
(3) The power and authority to certify, from time to time, municipalities and counties as qualified local governments, which certification shall not be unreasonably withheld; and
{#) (4) The power and authority to assist the board in the performance of its duties, responsibilities, and functions and the exercise of its power and authority.
50-8-6. The department shall be divided into such divisions, sections, or offices as may be necessary from time to time. All divisions, sections, or offices in existence immediately prior to February 24; 4988 July 1^ 1989, shall continue to exist in accordance with this article. Thereafter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law. The commissioner shall appoint such directors, deputies, and assistants as may be necessary to manage such divisions, sections, and offices. Such positions shall be in the unclassified service of the State Merit System of Personnel Administration.
50-8-7. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such planning and technical assistance activities may include, but shall not be limited to, the following:
(1) The department may provide technical assistance to local governments. This assistance may be directed to any and all activities of local government including, but
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not limited to, preparation and implementation of a comprehensive plan, community and economic development, and governmental administration, finance, management, and operations;
(2) The department may provide planning assistance to local governments. This assistance may include assistance with respect to preparation or implementation of a local government's comprehensive plan and participation in the process for coordinated and comprehensive planning. This assistance may also include long-range planning relevant to one or more local governments to identify the needs of such local governments; This assistance may a4se include or planning with respect to downtown development and the redevelopment and revitalization of downtown areas and central business districts;
(3) The department may assist local governments in planning for the consequences or other results of decisions or actions by any government which have an impact on local governments or on any of their citizens;
(4) The department may provide planning assistance to any local government or any state agency or state authority in connection with housing and dwelling places for citizens of the state. This assistance may include planning with respect to the availability of single-family, multifamily, and other types of housing units, the anticipated changes in such availability, the potential occupants for such housing, and the anticipated changes in such potential occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and
(5) The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action, and related activities and services with respect to any lawful purpose or activity of a local government. (b) The department shall undertake and carry out, and shall coordinate with other state agencies and local governments in undertaking and carrying out, such gathering of information, such distribution of information, and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such coordinating, gathering, and distribution of information and studies may include, but shall not be limited to, the following:
hcnsivc source ef information available to local governments and state government. The department shall coordinate and participate in compiling, and other state agencies and local governments shall participate in compiling, a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. The Georgia data bank base and network shall collect, analyze, and disseminate information with respect to local governments, regional development centers, and state agencies and with respect te state government. The Georgia data bank base and network shall use include information obtained or available from other governments and information developed by the department. To maintain the Georgia data bank base and network, the department shall make, and shall coordinate with other state agencies and local governments in making, comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department. The department shall make available the Georgia data base and network, or provide access to the Georgia data base and network, to other state agencies, local governments, members of the General Assembly, and residents of the state;
f2-) T-he department shall, every two years, prepare a growth ad development profile of the state. T-he pfoftle and the maps and descriptions which accompany the pietile snail include a general description or tnc existing and proDaule tuturc patterns 01 growth and development and shall describe significant problems related te these patterns. For this purpose, the department shall ase information from the Georgia data oank tnd t wnerc avatiauie-j inlormatiofl developed ^y other stste fluencies. TH flddition, the department may develop tta own informationr This profile shall he submitted
THURSDAY, FEBRUARY 9, 1989
733
m developing policies for the state; (3) (2) The department shall maintain a strategic rural economic development
plan in cooperation with the area planning commissions regional development centers, the university system of the state, other state agencies and departments, and local governments. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring resources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic development in rural areas: l nis rural economic development plan snail fee revised and updated at tne same
Oovernor and to tnc Ocncral /\ssemuly at tne same time; (4) (3) The department may assist the Governor, the General Assembly, any
committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information prepared, developed, or obtained by the department;
f&) (4) The department may undertake studies, investigations, and surveys to identify potential physical, social, economic, governmental, demographic, or other problems and opportunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such opportunities; and
(6) (5) The department may write, draft, prepare, or publish any studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information with respect to local government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information to any government, any state authority or state agency, or any private entity. (c> The duties, responsibilities, and functions of the department and the power and authority of the department described in this Code section are cumulative with, and in addition to, all other duties, responsibilities, and functions and power and authority of the department and are not intended to, and shall not be construed to, conflict with any other duties, responsibilities, or functions or any other power or authority of the department, including, but not limited to, the duties, responsibilities, and functions and the power and authority described in Code Section 50-8-7.1. 50-8-7.1. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department, utilizing the comprehensive plans of qualified local governments, shall undertake and carry out such activities as may be necessary to assist the Governor in encouraging, coordinating, developing, and implementing coordinated and comprehensive planning. Such activities may include, but shall not be limited to, the following:
(1) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in coordinated and comprehensive planning on the state level and throughout the state, including, but not limited to, assistance in the development of a comprehensive plan for the state;
(2) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through coordinated and comprehensive planning;
(3) The department shall examine and analyze plans of state agencies, comprehensive plans of regional development centers, and comprehensive plans of municipalities and counties, undertaken as part of the coordinated and comprehensive planning process, and advise the Governor with respect to those plans; and
(4) The department shall serve as policy liaison for the Governor, with respect to coordinated and comprehensive planning, with and among state agencies and local governments.
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(b) The department shall establish minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. Notwithstanding the provisions of Code Section 50-8-14, the minimum standards for coordinated and comprehensive planning established pursuant to this subsection shall be promulgated by the department in accordance with the provisions of Chapter 13 of this title, known as the 'Georgia Administrative Procedure Act.' The department shall undertake and carry out such activities as may be necessary for these purposes and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in 'comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process. These elements shall include, but shall not be limited to, housing, human services, natural resources, the environment, vital areas, historic resources, infrastructure, land use other than zoning, recreation, transportation, and economic development;
(2) The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among regions based upon factors which the department determines merit differentiation, such as total population, density of population, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors;
(3) The department shall develop planning procedures with respect to regionally important resources, for planning with respect to developments of regional impact, and for encouraging interjurisdictional cooperation among local governments. The department shall determine, in its judgment and for each region, what shall constitute developments of regional impact. Such determinations by the department shall be made for each region after receiving any necessary information from the regional development center for the region, from local governments within the region, and from others within the region. The department's determinations shall be publicly promulgated, using such means as the commissioner may determine, so that all local governments within a region will receive notice of the department's determinations affecting that region; and
(4) The department shall establish and shall promulgate procedures for obtaining input from, and participation by, local governments and the public in establishing, amending, and updating from time to time the minimum standards and procedures.
(c) The department shall undertake and carry out such activities as the board or the commissioner may deem necessary for supervising regional development centers and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department shall recommend to the board from time to time the boundaries for the regions for each of the regional development centers; and
(2) The department shall review and comment on comprehensive plans prepared by, and coordinated and comprehensive planning activities undertaken by or under the direction of, regional development centers.
(d) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving, conflicts. Such activities may include, but shall not be limited to, the following:
(1) The department may establish such procedures and guidelines for mediation or other forms of resolving conflicts as the commissioner may deem necessary. The procedures and guidelines shall specify the times within which steps in the mediation or
THURSDAY, FEBRUARY 9, 1989
735
other form of conflict resolution shall take place and shall provide that such times shall not exceed, in the aggregate, 90 days from the date on which mediation or other conflict resolution begins. The department shall promulgate and make public all such procedures and guidelines;
(2) The department may act to mediate or otherwise assist in resolving conflicts upon written request from any regional development center or local government or may act, without any such request, on its own initiative;
(3) The department may establish rules and procedures which require that local governments submit for review any proposed action which would, based upon guidelines which the department may establish, affect regionally important resources or further any development of regional impact. Any such proposed action by a local government (other than a regional development center) shall be submitted for review to the local government's regional development center. Any such proposed action by a regional development center shall be submitted for review to the department. Review shall be in accordance with rules and procedures established by the department. The review shall result in a public finding by the regional development center or the department, as the case may be, that the action will be in the best interest of the state or that it will not be in the best interest of the state;
(4) Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and
(5) The department may decline to certify a local government as a qualified local government or may take or recommend action which would reduce state or other funding for a regional development center if such local government or regional development center, as the case may be, te a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict.
50-8-8. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department. The department shall also grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients or qualified local governments from appropriations made to the department generally for grant purposes, without appropriations language specifying amounts, recipients, and purposes. The department:
(1) Shall shall disburse such grants on the basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and :
(2) May condition the award of any such grants to a county or municipality upon the county or municipality, as the case may be, being a qualified local government. (b) The department shall direct the distribution of any appropriations or other funds available for coordinated and comprehensive planning. No grant by the department to any eligible recipient or qualified local government shall adversely affect any grant or service to the eligible recipient or qualified local government by any other unit or instrumentality of state government. Without limiting the foregoing, the Department of Education, Department of Transportation, and the director of the Fiscal Division of the Department of Administrative Services shall not diminish or fail to award any funds or service to any recipient under any state or federal program in whole or in part on account of a grant by the department. Grants by the department are and shall be
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deemed to be of a special nature and in addition to all such other grants or awards. The following provisions shall apply to making such funds available to eligible recipients or qualified local governments:
(1) The department may make available funds by grant to an eligible recipient or qualified local government, by direct payments on behalf of an eligible recipient or qualified local government, or by any other lawful means. In the event the department determines that, in its judgment, a regional development center has failed to comply with its duties as provided by law or with the terms of a contract between such regional development center and a local government, the department shall be authorized to make payments, which it otherwise would have made to the regional developmejvt center, directly to the local government or as the department otherwise determines in order to carry out the duties of the regional development center under the law or such contract;
(2) The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source;
(3) The department shall specify the terms under which it makes any funds available to an eligible recipient or qualified local government. The terms shall be those established or otherwise required by the government or other source which makes the funds available to the department. If such government or other source does not estab-
lish or otherwise require any such terms, the department may establish the terms; (4) The department shall set forth in writing the terms under which the depart-
ment makes funds available to an a qualified local government or eligible recipient.
The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a qualified local
government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;
(5) The department shall manage and administer all funds made available pursuant to this Code section; and
(6) The department may make funds available for any purpose for which the eligible recipient or qualified local government may lawfully use such funds. Unless pre-
cluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, duties, responsibilities, functions, power,
or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, main-
taining, restoring, or protecting local government projects or purposes of any nature, such as:
(A) Construction projects;
(B) Capital outlay projects; (C) Infrastructure projects;
(D) Planning services; (E) Technical assistance; (F) Coordinated and comprehensive planning;
(F) (G) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportuni-
ties, agriculture, and agribusiness; 4O) (H) Purchase or lease of equipment; (H) (I) Operating expenses;
fD (J> Housing projects; W) (K) Any project for the purposes of acquiring, constructing, equipping,
maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educa-
tional, athletic, and other events, in order to provide for the establishment, development, and maintenance of commerce and trade;
(K) (L) Any project or purpose described in or permitted under any appropriations to the department;
(t> (M) Any project or purpose described in or permitted under any grant
made to, or to be made by or through, the department;
THURSDAY, FEBRUARY 9, 1989
737
(M) (N) Any project or purpose provided for in the federal Housing and Community Development Act of 1974, as amended, or any successor to the Housing and Community Development Act of 1974;
(W) (O) Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965;
(} (P) Any project or purpose authorized by federal or state law; or fP-) (Q) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department. (b) (c) The department may apply for, receive, administer, and use any grant, other financial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of qualified local governments or other eligible recipients. The department's power and authority under this subsection includes, but shall not be limited to, the following: (1) The department may apply on behalf of qualified local governments or other eligible recipients for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, or if state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are otherwise made available to the department, the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient; and T (2) The department may accept on behalf of qualified local governments or other eligible recipients funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recipient and the terms under which such funds are made available for use by the eligible recipient shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient. fe) (d) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto. (4) (e) The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution. (e) (f) The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the department for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities. ff> (g) The power and authority of the department under this Code section to make available to local governments or any other eligible recipient any funds shall be limited by the Constitution and laws of the state, and as specified in this Code section, but shall not otherwise be limited. (g) (h) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as otherwise may be authorized, all grants and other disbursements of funds made by the department or from the emergency fund through the department prior to February 34-, 1988 July 1_, 1989, are approved, ratified, and confirmed. 50-8-9. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall have the power to enter into contracts with local governments, school districts, state agencies, state authorities, and other public and private entities or individuals for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the department or exercising the power and authority of the department. No such contract shall constitute a donation or gratuity or the forgiveness of any debt or obligation owing to the public. No such contract shall constitute or be intended to constitute security for bonds or other obligations issued by any
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public agency, public corporation, or authority. No such contract shall constitute a pledge or loan of the credit of the state to any individual, company, corporation, or association, and the state, through the department, shall not become a joint owner or stockholder in or with any individual, company, association, or corporation.
(b) The power and authority of the department under this Code section to enter into contracts shall be limited to entering into contracts permitted under the Constitution and laws of the state and as specified in this Code section but shall not otherwise be limited.
50-8-10. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such activities as may be necessary to coordinate policies, programs, and actions of governments in local government affairs and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department may take such action as the commissioner may deem necessary, to the extent feasible and practicable as determined by the commissioner, to make the programs and policies including, but not limited to, comprehensive plans of all levels of government consistent and to minimize duplicated or inconsistent programs and policies including, but not limited to, comprehensive plans within the state government and among local governments;
(2) The department may review, on a continuous basis, the programs and policies including, but not limited to, comprehensive plans of all governments acting within the state to determine their consistency with long-range programs and policies of the state; including the state's biennial growth and development profile; and
(3) The department may consult with, meet with, confer with, and cooperate with the executive or legislative authorities of other states, with representatives of municipalities and counties of other states, with other representatives of governments, with representatives of private entities, and with others for the purpose of furthering the coordination of programs and policies affecting local government affairs within this state.
(b) The department shall serve as the state's clearing-house and research center on intergovernmental relations, including relationships among federal, state, and local levels of government and, to this end, the department shall:
(1) Monitor, review, analyze, and communicate with and to others with respect to actions and developments in the United States Congress, in the federal agencies, and in other states which affect local governments or which may affect relations between the state and any local governments; and
(2) Coordinate its activities with the office of the Governor, other state agencies and authorities, and the state's members of the United States Congress.
(c) The department may provide, supervise, or coordinate leadership and community development programs for local governments and other programs with respect to local government affairs. The department may develop pilot programs or projects designed to address the problems and needs of local government.
50-8-11. (a) The department shall have the duty, responsibility, power, and authority to take all action necessary to further the purposes of the department, without regard for whether any such duty, responsibility, power, or authority is specifically mentioned in this article or otherwise specifically granted by law. Without limiting the general nature of this Code section:
(1) The department shall have all duties, responsibilities, power, and authority granted or specified under or pursuant to any other laws of the state and any executive orders issued by the Governor prior to February 24; 1988 July 1^ 1989. To the extent permitted by law, the Governor may, by executive order issued on or after February 24; 1988 July 1^ 1989, authorize the department to take specific action in furtherance of the purposes of the department; and in that event, the department shall take such action;
(2) The department shall have the power and authority to take whatever action may be necessary, or whatever action the Governor may direct, to further or assist in
THURSDAY, FEBRUARY 9, 1989
739
promoting and implementing coordinated and comprehensive planning throughout the state;
42} (3) The department shall promote and encourage assistance from private entities and individuals in carrying out and performing local government services;
4&) (4) The department shall assist local governments in developing, promoting, and retaining trade, industry, commerce, and employment opportunities;
44) (5) The department may define, identify, and establish criteria or requirements for local governments or others to participate with or to use any local government services; and
4&) (6) The department may receive, use, and spend money received from the state for any of the purposes of the department. (b) Revenues for all fees and charges imposed or otherwise charged by the department for local government services shall be paid into the general fund of the state treasury, except that charges intended to reimburse expenses incurred by the department shall be used to reimburse the department for such expenses. 60-8-12. (a)--T-he Advisory Committee en Area Planning and Development, as 4t existed immcdiotcly prior to February 24; 1088, shall continue te exist in accordance with the provisions of this article. : i ne comm1ttee snail advise trie commissioner and tnc
intergovernmental relationships, and collective planning studies of area planning commissions. T-he members of the committee serving immediately prior te February 24;
until their respective 9uccessors are appointed and Qtiaiitied< 1 hereatterj the Lrovernor snaii sppoint tne mem Dors of tne committee wno snail serve tor terms of otiice of two years and until their successors are appointed and qualified. T-he committee shall consist Of one memoer from e&cn area planning commission tn tne stater fr any meinoer of tne committee shall eease te be a member of an area planning commission in tne state, such
a successor wno snail serve for tne remainder ot tne term and until sucn memDop s sue cessor ts appointed and Quaiiiied< iviemocFsnip on tne committee snail not preclude tnc
tne same per diem allowance as ts authorized tor memoers of tne vrencra.1 Assemoiy IOP eah dy a committee member is in attendance at a meeting ef the committee and shall
carrier er the allowance authorized for state officials and employees for the use of ft personal motor vehicle in connection with such attendance. T-he per diem and travel allowance or reimbursement authorized by this subsection shall be paid from funds
sentSp 1 ne comm111cc snail meet at least tour out not more tnan six times pef year. 1 ne commissioner or the chairman of the committee may eaH additional special meetings.
fb) T-ne commissioner may create advisory councils in accordance with Code Section &0-4-4; T-he commissioner may name or otherwise designate such advisory councils as the commissioner deems necessary.
50-8-12. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 3
Section 3.1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Article 2, relating to area planning and development commissions, in its entirety and inserting in its place a new Article 2 to read as follows:
"ARTICLE 2
50-8-30. T-he Board of Community Affairs, in consultation with the Advisory Committee on Area Planning and Development, local governments, and state agencies, snaH report to the Governor the boundaries for area planning and development commissions embracing the entire state. No county shall be divided in forming an area planning
740
JOURNAL OF THE HOUSE,
aftd development commission. T-he boundaries for existing area planning and develop meftt commissions shall be used if practicable. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. Coordinated and comprehensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state. The purpose of this article is to provide for regional development centers to develop, promote, and assist in establishing coordinated and comprehensive planning in the state, to assist local governments to participate in an orderly process for coordinated and comprehensive planning, to assist local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens, and to prepare and implement comprehensive regional plans which will develop and promote the essential public interests of the state and its citizens. This article shall be construed liberally to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
60-8-31. (*) M any time subsequent to the establishment ef the boundaries of any
or change the boundaries. (u) l ne Doard, HI consultation witn tne Advisory L^ommittcc on y\rea r lannmg and
Development, shall create and promulgate policies ad procedures for
(c/ INo boundary of an area planning and development commission may ~
members ef each saeh commission directly affected. 50-8-31. As used in this article, the term: (1) 'Board' means the board of a regional development center. (2) 'Caucus' means an informal meeting of any group of board members required, pursuant to this article, to determine how to cast its collective vote or to elect board members in caucus. A caucus shall be governed by such rules as the board members of the class required to caucus shall determine among themselves but shall not be subject to the provisions of Chapter 14 of this title. (3) 'Center' means a regional development center established under this article. (4) 'Chief executive officer' means the official of any county or municipality elected as chief executive officer (regardless of whether the position which is, in fact, that of chief executive officer is called chairman, mayor, or by any other designation) or, for any counties or municipalities where no person is elected as chief executive officer, a member of the governing body of the municipality or the county, as the case may be, designated by resolution of the governing body. (5) 'Collective vote' means the vote of a class of board members determined by a caucus and shall mean one vote for such class, rather than separate votes for each member of the class. (6) 'Commissioner' means the commissioner of community affairs. (7) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with this article. (8) 'Conflict' means any conflict, dispute, or inconsistency arising: (A) Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented;
THURSDAY, FEBRUARY 9, 1989
741
(B) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;
(C) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department; or
(D) Any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department. (9) 'Constitution' means the Constitution of the State of Georgia. (10) 'Contract' means any contract, agreement, or other legally binding arrangement. (11) 'Coordinated and comprehensive planning' means planning by counties and municipalities and by regional development centers in accordance with the minimum standards and procedures. (12) 'County board member' means any member of the board representing a county, determined pursuant to paragraph (1) of subsection (b) of Code Section 50-8-34. (13) 'Department' means the Department of Community Affairs. (14) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality. (15) 'Government' means any governmental unit on the federal, state, or local level
and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities.
(16) 'Local government' means any county, municipality, or other political subdivi-
sipn of the state; any regional development center; any public agency or public author-
ity, except any state agency or state authority, created under the Constitution or by
Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other
political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any
lawful purposes but shall not include school districts. (17) 'Local plan' means the comprehensive plan for any county or municipality.
(18) 'Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans,
and for participation in the coordinated and comprehensive planning process, as
established by the department. Minimum standards and procedures shall include any
elements, standards, and procedures for such purposes prescribed by a regional
development center for counties and municipalities within its region and approved in
advance by the department, in accordance with Article 1 of this chapter.
(19) 'Municipal board member' means any member of the board representing a
municipality, determined pursuant to paragraph (2) of subsection (b) of Code Section
50-8-34.
~~
(20) 'Municipality' means any municipal corporation of the state and any consoli-
dated city-county government of the state.
(21) 'Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning.
(22) 'Nonpublic board member' means the board member who is a resident of a
county within the region and is elected as the nonpublic member for that county pur-
s_uant to paragraph (3) of subsection (b) of Code Section 50-8-34.
(23) 'Qualified local government' means a county or municipality which, in the judgment of the department as evidenced by certification of the commissioner from
time to time: (A) Has a comprehensive plan in conformity with the minimum standards and
procedures;
742
JOURNAL OF THE HOUSE,
(B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and
(C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (24) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time bj the board of the department. (25) 'Regional development center' means a regional development center established under this article. (26) 'Regional plan* means the comprehensive plan for a region. (27) 'State' means the State of Georgia. 50-8-32. Ne unit of leeal government shall be represented in tm area planning and development commission until it joins an area planning and development commission by official action. Regional development centers are created and established as public agencies and instrumentalities of their members which shall facilitate coordinated and comprehensive planning in conformity with minimum standards and procedures established pursuant to law. Each such agency and instrumentality shall be known as a regional development center and shall be designated, by name for all purposes, with such identifying words before the term 'regional development center' as the board may, from time to time in accordance with the provisions of subsection (f) of Code Section 50-8-4, choose and designate by official action. The number of regional development centers and the region within which each regional development center shall operate shall be established from time to time by the board of community affairs. The board of community affairs shall initially establish the boundaries of each region so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board of community affairs shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center. 60-8-33. (a) Each area planning and development commission, by its bylaws, shall provide tor tne selection of com in iss ion representfltives, out' sucti i&yiflws snflii T)C subject to the following requirements governing the membership ef the commission:
\ l ) At leflst two thirds ot the memoership snflll ioe memDers of the overnin^
OOQ1G9 Or COU111169 8HQ ITlUftiC"tpfliltl69 WnlCxl hflve JO1HCQ the H*et planning H1Q
rccjuirc tnftt ivU percent of the commission sfitli oe memocrs of trie governing bodies
sentativc ef its governing body en the commission, and at least ene municipality witnin cacti sucn county snail nave at least one representative ef its governing uouy en the commission; and
the counties and municipalities which have joined the ai'ea planning and development commission. fb} Subsection 4a) of this Code section shall net affect any metropolitan area plan 1 ning and development commission established as provided m Article 4 ef this chapter. 50-8-33. (a) Each municipality and county in the state shall automatically be a member of the regional development center for the region which includes the municipality or county, as the case may be. (b) Each municipality and county in the state shall pay the annual dues for membership in its regional development center. Dues for membership shall be 60$ for each year or fraction of a year, measured from July 1 to the following June 30, for each resident
THURSDAY, FEBRUARY 9, 1989
743
of the municipality or of the county (excluding from the residents of the county, for this purpose, all of the residents of municipalities within the county), as the case may be, based upon the most recent estimate of population approved by the department for purposes of calculating membership dues in regional development centers. All municipalities and counties within a region shall pay a greater amount m annual dues, however, if such greater amount is established by the board of the regional development center. Where in-kind services such as office space, utilities, maintenance, or janitorial services are provided by a local government to the regional development center, the annual dues of such local government may be reduced by the board of the center in an amount determined to reflect the actual cost or fair market value of any such services.
50-8-34. (a) The board of each regional development center shall establish policy and direction for the regional development center and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows: (1) The chief executive officer of each county in the region shall be a county board
member; (2) The chief executive officer of each municipality in the region shall be a munici-
pal board member; and (3) The county board members and municipal board members from the same
county shall together elect one member of the board, who shall be a resident of the county, as the nonpublic board member from such county. For purposes of electing this board member, the county board member shall have one vote and the municipal board members from that county shall have one collective vote, determined by caucus. If any county board member and the municipal board members casting their collective vote fail to elect a nonpublic member from their county, the board shall not be precluded from taking any authorized action and the votes from that county shall not be recorded until such nonpublic board member has been agreed upon and named as a member of the board. (c) The term of a member of the board who is an elected official shall be for a period of one year and until the member's successor is elected and qualified. The term of a member of the board who is a nonpublic board member shall be for a period of two years. The term of a member shall terminate immediately upon:
(1) Resignation by a member; (2) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (3) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of subsection (b) of this Code section. (d) Votes among members of the board shall be allocated as follows: (1) Each county board member shall have one vote; (2) The municipal board members from the same county shall have one collective
vote; and
(3) Each nonpublic board member shall have one vote.
(e) The board shall hold meetings not less than four times in each on July 1 and continuing through the next June 30.
(f) Each board shall be responsible for employing an executive director for its regional development center, adopting an annual budget and work program for the regional development center, and electing members of an executive committee.
(g) (1) Each board shall annually elect a 15 member executive committee which shall have all the power and authority and all the duties, responsibilities, and functions of the full board and which may take any action which the full board can take, except that the executive committee shall not employ an executive director for its regional development center, adopt the annual budget and work program for the regional development center, or elect members of the executive committee. Without limiting the generality of the foregoing, the executive committee shall develop a proposed annual budget and work program which shall be submitted to the board for adoption.
744
JOURNAL OF THE HOUSE,
(2) The executive committee members shall include at least one board member from each county in the region and shall be determined as follows:
(A) The county board member representing the county with the largest population in the region shall be a member of the executive committee;
(B) The municipal board member representing the municipality in the region with the largest population shall be a member of the executive committee;
(C) Four county board members shall be elected by the county board members, in caucus, to be members of the executive committee;
(D) Four municipal board members shall be elected by the municipal board members, in caucus, to be members of the executive committee;
(E) Five nonpublic board members shall be elected by the nonpublic board members, in caucus, to be members of the executive committee. (h) The executive committee shall elect officers of the board, who shall also serve, in the same capacities, as officers of the executive committee. The executive committee shall elect a chairman, vice chairman, and secretary from among the members of the executive committee. The executive committee shall elect officers annually at the meeting designated for that purpose in bylaws of the center. (i) Each member of an executive committee may upon board approval receive a ger diem expense allowance not to exceed the amount received by members of the General Assembly for each day an executive committee member is in attendance at a meeting of the executive committee, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for the use of a personal automobile in connection with such attendance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other rjer diem, allowance, remuneration, or compensation.
(j) For purposes of determining the municipality in a region with the largest population and the county in a region with the largest population, population shall be based upon the most recent estimate of population approved by the department for purposes of calculating membership dues in regional development centers, and the population of any county shall, for these purposes, include all of the residents of municipalities within the county and exclude all of the residents of any municipality within any other county where a municipality lies within more than one county.
60-8-34 50-8-35. (a) Each regional development center shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. Each center may exercise the following power and authority: Each area planning and development commission may:
(1) Each center may adopt Adopt bylaws and make rules and regulations for the conduct of its affairs;
(2) Each center may make Make and enter into all contracts or agreements necessary or incidental to the performance of its duties and functions. Neither a commiss4tm center, nor any nonprofit corporation established or controlled by that commission center, may enter into any contract or agreement obligating that commis s4en center or nonprofit corporation to perform services for any political subdivision, individual, or business entity located wholly outside the boundaries of that commis
s4en center's region, except that one commission center, on its own behalf and not on behalf or for the direct benefit of any political subdivision, individual, or business entity within that commission's center's boundaries, may contract with another
commission center to provide services for the benefit of one or both commissions cetrters;
(3) Each center may acquire Acquire and dispose of real and personal property; (4) Each center may utilize Utilize the services of the Department of Administra-
tive Services;
(5) Each center may prepare Prepare studies of the area's resources as they affect
existing and emerging problems of industry, commerce, transportation, population,
housing, agriculture, public services, local governments, and any other matters relating
to area planning and development;
THURSDAY, FEBRUARY 9, 1989
745
(6) Each center may collect, Collect, process, and analyze, at regular intervals, the social and economic statistics for the region, which statistics are necessary to planning studies, and make the results available to the general public;
(7) Each center may participate Participate with local, state, or federal governmental agencies, educational institutions, and public and private organizations in the coordination and implementation of research and development activities;
(8) Each center may cooperate Cooperate with all units of local government and planning and development agencies within the area center's region and coordinate area planning and development activities with those of the state and of the units of local government within the area center's region as well as neighboring areas regions and with the programs of federal departments, agencies, and regional commissions; and provide such technical assistance, including data processing and grant administration services for local governments, as may be requested of it by a unit or units of local government within the center's region; and such technical assistance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government within the center's region;
(9) Each center may carry Carry out such other programs as its governing authortty board or the department shall require from time to time;
(10) Each center may, when When appropriate, administer funds involving more than one political subdivision;
(11) Each center may, upon Upon the signed resolution of its board and written approval by each unit of local government affected, initiate, continue, or renew arrangements with the United States government, an adjoining state, this state, a unit of local government, any agency or instrumentality of the foregoing, or a public or private organization for the management, administration, or operation of human service programs by such area pteaning and development commission regional development center; but, in the conduct of any such human service programs, a commission center shall not engage in the direct delivery of goods or services to individual consumers but may enter into contracts with other authorized entities, including units of local government, for the delivery of such goods or services by and in the name of such entities; and
(12) Each center may provide Provide the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise;
(B) Life insurance coverage and coverage under federal old age and survivors' insurance programs;
(C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits, (b) Each center shall undertake and carry out such planning and technical assistance activities as its board or the department may deem necessary for the development, preparation, and implementation of comprehensive plans for the center's region and for municipalities and counties within the center's region and such planning and technical assistance activities as its board or the department may deem necessary for coordinated and comprehensive planning within the center's region. Such planning and technical assistance activities may include, but shall not be limited to, the following: (1) A center may coordinate and assist local governments in preparing local plans for submission to the center; (2)_A center may provide technical planning assistance to local governments; (3) A center may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a center for that purpose; (4) A center may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures but, before imposing any such requirement, the center shall have received the department's approval of any additional elements to be included in such comprehensive plans;
746
JOURNAL OF THE HOUSE,
(5) A center may establish goals and objectives, consistent with those established by the Governor's Development Council or by the department, for its regionTand
(6) Each center shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration local plans within the region. The regional plan may be prepared but shall not be adopted by the board until after a proposed regional plan has been made public and after the board has held, or caused to be held by a designated hearing officer, a public hearing on the regional plan, in accordance with such procedures as the department may establish. (c) Each center shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments, state agencies, and members of the General Assembly. (d) A center shall serve as liaison with other governments, including federal government agencies and state agencies. In this capacity, a center may administer programs within the state upon the request of local governments and may administer federal or state government programs upon designation by the federal or state government. Each center shall be designated as the official planning agency for all state and federal programs to be carried out in the region if such designation is required and if the department concurs in such designation. A center may take all action and shall have all power and authority necessary to carry out its responsibilities, duties, and functions under any such state or federal programs. 50-8-35. Each area planning and development commission shall:
(-H Review and comment upon applications by units ef local government within the area fer federal or state grant assistance, provided that application review and comment snail oe pcrtormee. only wnen required Dy specific grant programs^ or tnc local government within its area planning and development commission;
direction of-, en forms and in a format prescribed by and subject te review by the Department of Community Affairs;
(3) Prepare a forecast for the development ef the area ef such commission in
to the period ef time beyond that ef the area biennial development program, ft should
tne development 0t nurncni resources5 snd
\4 J tyOiiect, process, snd snfnyze^ under the direction ot tfte Uepdrtrnent ot Oom~ munity Affairs, information regarding the operations ef political subdivisions and
50-8-36. (a) For the purposes of paragraph (11) of subsection (a) of Code Section
60-8-34 50-8-35, the term 'human service programs' means any activity authorized by
law to be undertaken by the state or by any unit of local government in which it is
undertaken, the funds for which program are provided by or through the United States
government, an adjoining state, this state, any unit of local government, any agency or
instrumentality of the foregoing, or a public or private organization, the purpose of
which is to provide assistance to and relieve the special burdens of the young, the indi-
gent, the aged, the handicapped, the unemployed, or the ill.
_
granted to area planning and development commissions Dy Oodc occtions oO"0"o4 tnrougn ou o-o / snail ne construed te authorize an area planning and development
ef governmental services te consumers er te administer contracts fer the delivery ef governmental services te consumers except contracts fer the adminiatration ef human service pro^rflms fts dciincd ijy suDsection \fl) ot tnis v^ooe section find ds QUtnonzed oy
development commissions shall be authorized te provide technical assistance te units ef local government in areas ef governmental services. As used in this subsection, 'govern-
THURSDAY, FEBRUARY 9, 1989
747
and includes, by way of illustration and net of limitation, the following governmental
4H taw enforcement, including arrest, detention, and court administration; 43) Fife protection; 4ft) SeWd waste collection and disposal; 44) Street and read construction and maintenance, including curbs, sidewalks, and
46) Development, storage, treatment, purification, and distribution ef water; 4?) Storm water and sewerage disposal system; 48) Ptibhe housing; 49) Airport construction and maintenance;
(10) Terminal and dock facilities and parking facilities; (11) Air pollution control; and (12) Libraries. (h) As used in this subsection, 'governmental services' means those services provided by local units of government of this state. No authority granted to regional development centers by Code Section 50-8-35 shall be construed to authorize a regional development center to manage, administer, or operate any program involving the direct delivery of governmental services to consumers or to administer contracts for the delivery of governmental services to consumers, except that: ( 1 ) The authority of regional development centers with respect to human service programs, as defined by subsection (a) of this Code section, shall be governed and controlled by paragraph (11) of subsection (a) of Code Section 50-8-35;
(2) The department may specifically authorize governmental services other than human service programs in writing from time to time and for any specified period of time; and
(3) Regional development centers shall be authorized to provide technical assistance to units of local government in areas of governmental services.
(c) When an area planning and development commission a regional development center administers a contract for the purposes of paragraph (11) of subsection (a) of Code Section 60-8' 84 or pursuant to the authority of subsection 4d) of this Code section 50-8-35, no employee of the area planning and development commission regional development center who is compensated for his services by the area planning and development commission center shall also serve, during the period of any such contract, as a board member, officer, or paid employee of the entity contracting with the area planning and development commission regional development center.
tcr, or operate any program involving services tn addition to numan service programs^ as authorized by paragraph 4H) of Code Section 60-8 34, or engage in the direct delivery or goods and services to individual consumers until duly ~t^ L Joo , n tne area planning and development commission was managing, administering, or operating such programs
authorization shaH include continuation or renewal ef such programs at any level ef
renewal of arrangements for stieh direct delivery ef geeds and services at increased levels
50-8-37. (a) Each local plan shall be submitted for review, comment, and recommendation to the appropriate regional development center and shall become effective in accordance with this Code section. Each municipality and county within a region shall submit its local plan to the regional development center for that region for review, comment, and recommendation by the regional development center. The cen'ir shall maintain all local plans which it receives in this manner in files available for inspection by the public.
(b) Within ten days after receipt of a local plan, the center shall notify each municipality or county within its region which may be affected by the local plan of the general
748
JOURNAL OF THE HOUSE,
nature of the plan, the date of its submission, and the identity of the submitting municipality or county. In addition, any local governments contiguous to, or operating within, the submitting municipality or county shall be notified by the center in the same manner.
(c> Within 15 days after the center gives the notice required by subsection (b) of this Code section, any local government within the region and any other local government which received notice from the regional development center may present, to the regional development center, its views on the local plan in a public meeting or hearing which shall be held in accordance with rules established by the center with prior approval of the degartment.
(d) The center shall determine whether the adoption or implementation of the local plan would present any conflict. The center may recommend a modification of the local plan in such a manner as to eliminate any conflict or alleviate any problem or difficulty which such conflict may create. The center's determination shall be in writing, shall be made public, and shall be communicated by written notice given to the municipality or county which submitted the local plan within 15 days after the date of the public meeting or hearing.
(e)_The municipality or county which submitted the local plan may request reconsideration of any recummendation by a center within ten days after the center's recommendation is made public. For purposes of such reconsideration, the center shall schedule, announce, and hold a public hearing within 15 days after receipt of the request for reconsideration. Notice of the time and place of any such public hearing shall be given by the center to all members of' the regional development center, in accordance with such procedures as the regional development center may establish, subject to the prior approval of the department. The regional development center shall also give such notice to all affected municipalities and counties and appropriate state regulatory boards and agencies.
(f) Within ten days after the public hearing, the center shall either continue its recommendations or modify the recommendations. In either case, the center shall make public its determination and shall give written notice of its determination to the municipality or county which submitted the local plan.
(g) No municipality or county shall take any action to adopt any local plan, or to put into effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted the local plan to the center for review, comment, and recommendation, except that any request for reconsideration of any recommendation by a center pursuant to subsection (e) of this Code section shall automatically operate to extend the 60 day period to 90 days.
(h) Nothing in this Code section shall limit or compromise the right of the governing authority of a county or municipality to exercise the power of zoning.
50-8^38._A center shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the state, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or state or agency thereof, transmit the same to the center for its review. The comments of the center shall then become a part of the application, to be appended thereto when finally submitted for the consideration of the United States, the state, or any agency thereof.
50-8-39. A center shajl keep books of account reflecting all funds received, expended, and administered by the center which shall be independently audited at least once in each fiscal year cluring which a center functions. The auditor's report shall be presented to the governing body of each member within the region and to the department. The department shall conduct a performance audit of each regional development center at least once every three years.
50-8-37 50-8-40. When federal or state law or regulations require the designation of an area-wide or multicounty public or private corporation, organization, or agency for multicounty delivery of human service programs, the state agency administering such
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programs shall send a notice of intent to designate such area-wide or multicounty corporation, organization, or agency to units of local government in the area to be affected. The notice shall discuss in general the details of the program and, when applicable, possible local government involvement.
50-8-41. Each area planning and development commission in existence as of June 30, 1989, shall automatically be succeeded by the regional development center for the same region as of July 1^ 1989, and each such regional development center shall be governed, from and after July l^ 1989, by this article. All contractual obligations, obligations to employees, other duties, rights, and benefits of such area planning and development commissions shall automatically become duties, obligations, rights, and benefits of their respective successor regional development centers.
50-8-42. Any metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, shall also serve as the regional development center for the area covered by such metropolitan area planning and development commission. The duties, responsibilities, and functions and the power and authority granted the^ metropolitan area planning and development commission by law are, and shall be construed to be, cumulative with, and in addition to, the duties, responsibilities, and functions and the power and authority granted regional development centers by law. In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional development centers, however, the laws governing metropolitan area planning and development commissions shall control and shall govern the metropolitan area planning and development commission. For example, but without intending to limit the generality of the foregoing statement, the provisions of Code Sections 50-8-84 through 50-8-87, regarding membership of a metropolitan area planning and development commission, terms of officers, quorums, and elections of officers, would govern a metropolitan area planning and development commission instead of the provisions covering the same subject matter under this article.
60-8-38 50-8-43. The governing authorities of the local governmental entities within each ai-ea planning and development commission regional development center may appropriate or loan their funds, facilities, equipment, and supplies to the area planning and development commission regional development center.
60-8-30 50-8-44. Each area planning and development commission regional development center exists for nonprofit and public purposes; and it is found and declared that the carrying out of the purposes of each area planning and development commission regional development center is exclusively for public benefit and its property is public property. Thus, no area planning and development commission regional development center shall be required to pay any state or local ad valorem, sales, use, or income taxes.
local government; 60-8-41. 50-8-45. (a) The following provisions apply to all regional development
centers. The Department of Administrative Services is authorized to permit area planning and development commissions regional development centers, on an optional basis, to purchase their motor vehicles, material, equipment, services, and supplies through the state and to issue purchase orders for area planning and development commissions regional development centers for motor vehicles, material, equipment, services, and supplies.
60-8-42^ (b) The area planning and development commissions regional development centers of thli~state are authorized to purchase stock from the state's central supply system operated by the Department of Administrative Services.
60-8-43. (c) The area planning and development commissions regional development centers of this state are authorized to purchase under state-wide term contracts and price agreements established by the Department of Administrative Services.
60-8 44; (d) The area planning and development commissions regional development centers of this state are authorized to receive directly from the Department of Administrative Services personal property declared surplus by the state.
60-8-46; (e) The commissioner of administrative services shall prescribe regulations necessary for implementation of this Code Sections 60 8-41 through 60-8 44 section and
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is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of motor vehicles, material, equipment, services, and supplies for the area planning and development commissions regional development centers of this state.
50-8-46. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 4
Section 4.1. Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations, is amended by adding a new Chapter 70 to read as follows:
"CHAPTER 70
36-70-1. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the environment, and the vital areas of the state. The purpose of this chapter is to provide for local governments to serve these essential public interests of the state by authorizing and promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this chapter shall be construed liberally to achieve that end. This chapter is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
36-70-2. As used in this chapter, the term: (1) 'Comprehensive plan' means any plan by a county or municipality covering
such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department.
(2) 'Coordinated and comprehensive planning' means planning by counties and municipalities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation of plans, and participation in the coordinated and comprehensive planning process, as established by the Department of Community Affairs.
(3) 'County' means any county of this state. (4) 'Department of Community Affairs' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50. (5) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality. (6) 'Minimum standards and procedures' means the minimum standards and procedures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the Department of Community Affairs. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the Department of Community Affairs. (7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (8) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the Department of Community Affairs. (9) 'Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50. 36-70-3. The governing bodies of municipalities and counties are authorized:
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(1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan;
(2) To develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality or county, as the case may be;
(3) To develop, establish, and implement a plan for capital improvements which conforms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county, as the case may be;
(4) To employ personnel, or to enter into contracts with a regional development center or other public or private entity, to assist the municipality or county in developing, establishing, and implementing its comprehensive plan;
(5) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and
(6) To take all action necessary or desirable to further the policy of the state for coordinated and comprehensive planning, without regard for whether any such action is specifically mentioned in this chapter or is otherwise specifically granted by law. 36-70-4. (a) Each municipality and county shall automatically be a member of the regional development center for the region which includes such municipality or county, as the case may be. (b) Each municipality and county shall pay, when and as they become due, the annual dues required for membership in its regional development center. (c) Each municipality and county shall participate in compiling a Georgia data base and network, coordinated by the Department of Community Affairs, to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. 36-70-5. Nothing in this chapter shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part5
Section 5.1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the general provisions regarding the Department of Natural Resources, is amended by adding at the end thereof a new Code Section 12-2-8 to read as follows:
"12-2-8. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this Code section is to provide for the department to serve these essential public interests of the state. This Code section shall be liberally construed to achieve its purpose. This Code section is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department is therefore authorized to develop minimum standards and procedures, in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1, for the protection of the natural resources, environment, and vital areas of the state, including, but not limited to, the protection of watersheds of streams and reservoirs which are to be used for public water supply, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and implementing their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2.
(c) The minimum standards and procedures for watershed protection referred to in subsection (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and reservoirs, land development densities, and land use
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activities. The department may adopt differing minimum standards and procedures of watershed protection based on the size of the watershed, the size or flow volume of the stream or reservoir, and whether or not the actual use of the municipal water supply is existing or proposed.
(d) The minimum standards and procedures referred to in subsection (b) of this Code section shall also specifically include, but shall not be limited to, land use activities and development densities for the protection of ground water. The department may adopt differing minimum standards and procedures for ground-water purity protection based on the relative sizes, depths, and water volumes of various aquifers and based on the relative susceptibility of ground water to contamination by various land use activities and development densities.
(e) The minimum standards and procedures referred to in subsection (b) of this Code section shall include, but shall not be limited to, land use activities, land development densities, and activities which involve alteration of wetlands. The department may adopt differing minimum standards and procedures for wetlands protection based on the size or type of wetlands, the need to protect endangered or protected species or other unusual resources, and the need for a particular land use activity which will affect a wetland."
Part 6
Section 6.1. Code Section 2-6-28 of the Official Code of Georgia Annotated, relating to the number and boundaries of soil and water conservation districts, is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows:
"(b) If two-thirds of the supervisors within each of the affected districts, each of the governing authorities of each county within any affected district, and the State Soil and Water Conservation Commission agree to the alteration of any district or the formation of any new district, the alteration or formation may be effected if all such approvals are filed with the commission along with the description of the altered boundaries or the boundaries of the new districts. The alteration of existing districts or formation of new districts may not be effected so that the boundaries of any such district will traverse the boundaries of any area planning and development commission regional development center within the district or districts. All of the property and assets of any altered district shall be distributed among the affected districts in accordance to the same ratio used in the distribution of state appropriated funds to the affected districts."
Section 6.2. Code Section 8-2-113 of the Official Code of Georgia Annotated, relating to the promulgation of rules and regulations by the commissioner of community affairs with respect to industrialized buildings, is amended by striking paragraph (10) of subsection (d) thereof and inserting in its place a new paragraph (10) to read as follows:
"(10) One member shall be from em area planning and development commisaion a regional development center; and".
Section 6.3. Code Section 12-3-114 of the Official Code of Georgia Annotated, relating to policies guiding the Department of Natural Resources in creating and administering the Georgia Scenic Trails System, is amended by striking paragraph (6) thereof and inserting in its place a new paragraph (6) to read as follows:
"(6) Planning and developing the system should be coordinated with the area planning and development commissions regional development centers and the Department of Community Affairs;".
Section 6.4. Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Metropolitan River Protection Act," is amended by striking paragraphs (4) through (7) of Code Section 12-5-441, relating to definitions of terms, and inserting in their respective places new paragraphs (4) through (7) to read as follows:
"f&) ^ommission^ (4) 'Center' means the area planning and development commission w metropolitan area planning and development commission regional development
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753
center created for any county or group of counties included in each such area region p50u.r"suant to the authority contained in Article 2 er 4-, respectively, of Chapter 8 of Title
"(4) (5) 'Certificate' means a building permit or other written authorization issued under this part and shall include, as a part thereof, the application and all documents supplied in support thereof and the approval by the governing authority together with any conditions thereto."
"(6) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources."
"(7) 'Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The commissieft center shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the commission center deems competent."
Section 6.5. Said part is further amended by striking paragraph (13) of Code Section 12-5-441, relating to definitions of terms used in the "Metropolitan River Protection Act," and inserting in its place a new paragraph (13) to read as follows:
"(13) 'Plan' means the comprehensive plan prepared by the commission center pursuant to Code Section 12-5-443."
Section 6.6. Said part is further amended by striking Code Section 12-5-443, relating to the preparation, adoption, and revision of comprehensive land and water use plans by the commission, and inserting in its place a new Code Section 12-5-443 to read as follows:
"12-5-443. The commission center shall, consistent with the purposes of this part: (1) Prepare, adopt, and keep up to date a comprehensive, coordinated land and
water use plan for the stream corridor. The plan, as prepared and approved by the commission center, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. The plan, as adopted by the commission center, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the commission center for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The commission center may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this part. The commission center may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the commission center shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The commission center shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies;
(2) Foster and undertake such studies of water and related land resources problems in the stream corridor as are necessary in the preparation or revision of the plan;
(3) Make such rules and regulations as may be necessary to implement the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part. A copy of any rules and regulations promulgated pursuant to this paragraph by a center which is also a metropolitan area planning and development commission created pursuant to Article 4 of Chapter 8 of Title 50 shall be provided to the Georgia Senate Natural Resources Committee and the Georgia House of Representatives Natural Resources and Environment Committee; and
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(4) Charge a reasonable fee to each applicant for review of any application for a certificate, which fee shall be sufficient to defray all or any portion of the administrative costs of review of the application by the commission center and of the cost to the commission center of monitoring and inspection of compliance with such certificates."
Section 6.7. Said part is further amended by striking subsections (a) and (b) of Code Section 12-5-444, relating to prohibited land and water uses, and inserting in their respective places new subsections (a) and (b) to read as follows:
"(a) (1) Pending adoption of the plan by the commission center, it shall be unlawful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the commission center may, prior to the adoption of the plan by the commission center, issue a letter or written statement signed by the executive director of the commission center ruling with respect to any proposed land or water use in any political subdivision that none of the above-listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance.
(2) Pending adoption of the plan by the commission center as to any land brought within the stream corridor after March 1, 1983, it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the commission center may, prior to the adoption of the plan by the commission center as to any land brought within the stream corridor after March 1, 1983, issue a letter or written statement signed by the executive director of the commission center, ruling with respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use." "(b) (1) After adoption by the commission center of the plan or any portion thereof or any amendment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land-disturbing activity in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision issues a certificate for the proposed use pursuant to Code Section 12-5-445.
(2) The governing authority shall, before referring the application to the eommissien center pursuant to Code Section 12-5-445, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request and as required by the plan and rules and regulations adopted pursuant to this part.
(3) Any land-disturbing activity shall be done strictly in accordance with the certificate issued under this part. Any substantial change or modification of a proposed land-disturbing activity for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part.
(4) The governing authority shall adopt ordinances, regulations, or procedures as necessary to assure that any land-disturbing activity is conducted in compliance with the plan and the certificate."
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Section 6.8. Said part is further amended by striking Code Section 12-5-445, relating to the transmittal of applications, findings, and supporting documents to the commission for review, and inserting in its place a new Code Section 12-5-445 to read as follows:
"12-5-445. (a) After receipt of a complete application for a certificate, the governing authority shall transmit to the commission center a copy of such complete application and all supporting documents.
(b) (1) If, from the application or from its own investigation, the commission center finds that there are inconsistencies between the plan and the land-disturbing activity proposed by the application, the commission center may do any one of the following:
(A) Recommend modification of the application in such manner as to be consistent with the plan;
(B) Make a finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(C) Recommend modification of the application in such manner that the application as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan. (2) If the commission center fails to recommend modification of the application within 60 days from submission of such application to the commisaion center and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate. (c) In any case where the commission center has recommended modification of an application, the governing authority may: (1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated; (2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority:
(A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the commission's center's recommendation, after giving public notice and after mailing notice to the applicant and to the commiaaion center at least five days prior to the hearing;
(B) Gives full consideration to all comments made at the second public hearing;
(C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and
(D) Reaffirms the vote to override the commission's center's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(3) Request reconsideration of such recommendation by the commission center at a public hearing.
If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the
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commission center to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the commission center within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant and public notice shall be given. The commission center shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved.
(d) (1) In making the findings required by subsection (b) or by paragraph (2) of subsection (c) of this Code section, the commission center, the governing authority, and the director shall follow the purposes set forth in this part and the goals set forth by the plan, as amended.
(2) Any finding by the director under paragraph (2) of subsection (c) of this Code section shall be appealable under Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act,' as are final decisions in contested cases."
Section 6.9. Said part is further amended by striking Code Section 12-5-447, relating to minimum standards for certificates and recommendations, and inserting in its place a new Code Section 12-5-447 to read as follows:
"12-5-447. Every certificate issued by a governing authority and every recommendation of the commission center, unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significant land erosion, stream bank erosion, siltation, or water pollution, shall comply with the following minimum standards:
(1) No land or water use shall be permitted in the flood plain; and (2) No land or water use shall be permitted within 150 horizontal feet of the watercourse."
Section 6.10. Said part is further amended by striking Code Section 12-5-448, relating to rights of appeal from final determinations and other actions of the commission and governing authorities, and inserting in its place a new Code Section 12-5-448 to read as follows:
"12-5-448. Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the commission center or a governing authority under this part and who has exhausted any administrative remedies may take an appeal to the superior court of the county in which all or part of the land affected lies. The appeal shall be filed within 30 days from the date of the final determination, cease and desist order, other order, or other final action of the governing authority or committee of such governing authority or of the commission center. Upon failure to file an appeal within 30 days, the decision of the governing authority or committee of such governing authority or of the commission center shall be final. The appeal shall be heard by the judge of the superior court without a jury."
Section 6.11. Said part is further amended by striking subparagraph (B) of paragraph (4) of Code Section 12-5-451, relating to uses to which the provisions of the "Metropolitan River Protection Act" are inapplicable, and inserting in its place a new subparagraph (B) of paragraph (4) to read as follows:
"(B) Upon request by the owner of any land included in the stream corridor for the first time after March 1, 1983, the commission center shall make a determination whether any land or water use or land-disturbing activity on such land satisfies the conditions set forth in this subsection for exclusion from application of this part. Any such request shall be accompanied by any information concerning the land or water use or land-disturbing activity as the commission center may reasonably request. If the commission center determines that the land or water use or land-disturbing activity fails to satisfy the conditions set forth in this subsection, the commission center shall state the reasons therefor. The commission center shall be authorized to delegate this authority to its executive director. If such delegation is made, any person aggrieved by any
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such determination of the executive director may appeal such determination to the commission center within 30 days of the issuance of such determination; or".
Section 6.12. Said part is further amended by striking subsection (b) of Code Section 12-5-452, relating to cease and desist orders for violations of provisions of the "Metropolitan River Protection Act," and inserting in its place a new subsection (b) to read as follows:
"(b) Any land-disturbing activity in violation of this part, any rule or regulation adopted pursuant to this part, or any certificate issued pursuant to this part shall be a public nuisance; and the creation and maintenance thereof may be enjoined and abated upon an action being filed by the commission center, any political subdivision affected, the director, or any person."
Section 6.13. Said part is further amended by striking subsections (b) and (c) of Code Section 12-5-453, relating to minimum requirements of local regulation of land in drainage basins, and inserting in their respective places new subsections (b) and (c) to read as follows:
"(b) If the governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations which effectively control erosion and sedimentation in a tributary, the commission center shall give written notice to the governing authority of its intent to request the director to undertake enforcement of erosion and sediment control regulations in the drainage basin of such tributary. If, after such notice from the commission center, the governing authority fails to demonstrate, to the satisfaction of the commission center, its intent and ability to enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of such tributary, the commission center shall request the director to assume enforcement of erosion and sediment control regulations in the drainage basin of such tributary."
"(c) Upon notification by the commission center of a governing authority's failure to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary or upon a determination by the director, after consultation with the commission center, that a governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary, the director may revoke the certification of a governing authority as an issuing authority for permits required by the 'Erosion and Sedimentation Act of 1975,' for the land within the drainage basin of such tributary."
Section 6.14. Said part is further amended by striking subsections (a) and (b) and the introductory language of subsection (c) of Code Section 12-5-456, relating to notification of local authorities of violations of the "Metropolitan River Protection Act," and inserting in their respective places new subsections (a) and (b) and new introductory language in subsection (c) to read as follows:
"(a) If the commission center has reason to believe that any person is carrying out any land-disturbing activity in or on the stream corridor without a certificate pursuant to this part, in violation of the terms and conditions of a certificate issued pursuant to this part, or in any other respect in violation of this part, the commission center shall notify the governing authority of the political subdivision in which such illegal activity is taking place and shall recommend action to correct the situation. A copy of such notice to the governing authority shall be furnished to the director. If the commission center has determined that the violation requires immediate enforcement action, the notice to the governing authority shall so state."
"(b) If, after notice from the commission center, pursuant to subsection (a) of this Code section, of a violation which requires immediate enforcement action, a governing authority has failed to initiate an enforcement action or otherwise secure cessation of the violation within three business days of receipt of such notice, the commission center shall so advise the director."
"(c) Upon notice from the commission center pursuant to subsection (b) of this Code section of a violation of this part which requires immediate enforcement action and as to which the governing authority has failed to initiate enforcement action or otherwise
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secure cessation of the violation or upon a determination by the director, after consultation with the commission center, that any person is violating any provision of this part, any rule or regulation adopted pursuant to this part, or the terms and conditions of any certificate issued pursuant to this part and that the public interest requires that the state take immediate action, the director shall have the authority to employ any one or any combination of any or all of the following enforcement methods:".
Section 6.15. Code Section 31-6-43 of the Official Code of Georgia Annotated, relating to the acceptance or rejection of an application for a certificate of need, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
"(a) Each application for a certificate of need shall be reviewed by the planning agency and within ten working days after the date of its receipt a determination shall be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the planning agency shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The planning agency shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed complete. The planning agency shall also notify the appropriate afea planning and development commioaion regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules governing the preparation and submission of applications, the planning agency shall notify the applicant in writing and provide a list of all deficiencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a newspaper of general circulation in the county in which the project shall be developed that the application has been so declared. The planning agency shall also notify the appropriate area planning and development commission regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the planning agency a significant amendment is filed."
Section 6.16. Said Code section is further amended by striking subsection (g) thereof and inserting in its place a new subsection (g) to read as follows:
"(g) The planning agency shall, no later than 90 days after an application is declared complete for review, or in the event joinder is ordered pursuant to subsection (d) of this Code section, then 90 days after the last joined application is declared complete for review, provide written notification to an applicant of the planning agency's decision to issue or to deny issuance of a certificate of need for the proposed project. In the event the planning agency has extended the review period pursuant to subsection (c) of this Code section, then the planning agency shall provide such written notification within 120 days after the application, or the last application joined pursuant to subsection (d) of this Code section, was declared complete for review. Such notice shall contain the planning agency's written findings of fact and decision as to each applicable consideration or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each applicant. The planning agency shall also mail such notification to the appropriate area planning ami development commission regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effective on the day of the decision unless the decision is appealed to the review board in accordance with this chapter."
Section 6.17. Code Section 32-9-1 of the Official Code of Georgia Annotated, relating to financial support and project grants for research, programs, and purchases, is amended
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by striking subsection (b) and paragraph (1) of subsection (c) and inserting in their respective places a new subsection (b) and a new paragraph (1) of subsection (c) to read as follows:
"(b) Subject to general fund appropriations for such purposes and any provisions of Chapter 5 of this title to the contrary notwithstanding, the department is authorized, within the limitations provided in paragraphs (1) and (2) of this subsection, to provide to municipalities, counties, afea planning and development commissiona regional development centers, authorities, state agencies, and public and private mass transportation operators:
(1) Financial support for research concerning mass transportation, by contract or otherwise; and
(2) Project grants to supplement federal, local, or federal and local funds for use: (A) In providing for studies, analyses, and planning and development of pro-
grams for mass transportation service and facilities; (B) In providing for research, development, and demonstration projects in all
phases of mass transportation; (C) In providing for programs designed solely to advertise, promote, and stimu-
late the development and use of mass transportation facilities; and (D) In providing for the purchase of facilities and equipment, including rolling
stock, used or to be used for the purpose of mass transportation." "(1) The governing bodies of municipalities, counties, seeeet planning and development commissions regional development centers, authorities, state agencies, and public and private mass transportation operators may, by formal resolution, apply to the department for financial support and project grants provided by this Code section."
Section 6.18. Code Section 44-3-3 of the Official Code of Georgia Annotated, relating to registration statements under the "Georgia Land Sales Act of 1982," is amended by striking subparagraph (R) of paragraph (3) and inserting in its place a new subparagraph (R) to read as follows:
"(R) If the state, county, or municipality in which the subdivision is located has a planning and zoning ordinance in effect, a certificate of approval or compliance from the local governing authority stating that the subdivision is in compliance with the applicable ordinance or, if the state, county, or municipality in which the subdivision is located has no planning and zoning ordinance in effect, a certificate of approval from the appropriate etrea planning and development commission regional development center;".
Section 6.19. Code Section 45-12-172 of the Official Code of Georgia Annotated, relating to the duty of the Office of Planning and Budget to review and comment on proposed development programs and to serve as liaison with levels of government, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) Reviewing and commenting upon the interrelationship with state planning of all applications for federal financial assistance by units of local government and local public agencies, etrett planning and development commissions regional development centers, and state agencies; and, where appropriate, reviewing and commenting to appropriate federal or state agencies that such proposed programs satisfy the requirements of or are not inconsistent with state law or with state and area forecasts and development programs or other state policies; and".
Section 6.20. Code Section 49-8-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in "The Economic Rehabilitation Act of 1975," is amended by striking paragraph (2) and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Community action agency' means a public or private nonprofit agency recognized as a community action agency by the Community Services Administration on January 1, 1975, and also designated and recognized by the state or a county or comparable unit of general local government having a population of 100,000 or more persons or by a combination of local governments within any Area Planning and Development Commission (APDC) regional development center boundary in this state."
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Section 6.21. Code Section 49-8-5 of the Official Code of Georgia Annotated, relating to the distribution of funds under "The Economic Rehabilitation Act of 1975," is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Moneys appropriated for the purposes of this chapter shall be allocated by contract with community action agencies. Such allocations shall be approved by the director only upon the submission of a proposal prepared by the agency and approved by the local governing authority or combination of authorities within an Area Planning and Development Commission boundary a regional development center."
Section 6.22. Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, is amended by striking Code Section 50-8-81, relating to legislative intent, and inserting in its place a new Code Section 50-8-81 to read as follows:
"50-8-81. It is in the public interest to create an agency composed of officials of political subdivisions and private citizens to coordinate planning and development within each area of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census; to designate the agency as the area planning and development commission regional development center under Article 2 of this chapter to make the agency the official metropolitan agency for comprehensive research, study, advice, and review concerning area plans; to improve relationships between political subdivisions and public agencies within areas; and to provide policy direction for the solution of common problems through short and long-range comprehensive planning within areas."
Section 6.23. Said article is further amended by striking Code Section 50-8-83, relating to powers, duties, and obligations of a commission, and inserting in its place a new Code Section 50-8-83 to read as follows:
"50-8-83. A commission shall be, for its area, eat area planning ad development commission a regional development center as defined in and with all the powers, duties, and obligations of an area planning and development commission a regional development center set forth in Article 2 of this chapter and any other law of general application pertaining to area planning and development commissions en tfaly 1^ 197-1 regional development centers on July !_, 1989; and in addition shall have all of the other powers, duties, and obligations set forth in this article."
Section 6.24. Article 5 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to rural economic development, is amended by striking Code Section 50-8-121, relating to the designation of planning and development areas as rural economic development areas, and inserting in its place a new Code Section 50-8-121 to read as follows:
"50-8-121. Each area planning and development commission regional development center of this state, except the regional development center which is also the metropolitan area planning and development commission provided for in Article 4 of this chapter, shall constitute a rural economic development area for the purposes of this article."
Section 6.25. Said article is further amended by striking subsections (a) and (c) of Code Section 50-8-122, relating to studies for proposed projects, and inserting in their respective places new subsections (a) and (c) to read as follows:
"(a) The area planning and development commission regional development center of each rural economic development area provided for in Code Section 50-8-121 may conduct a study for proposed major economic development projects within its respective rural economic development area. The study shall utilize the most recent economic information available."
"(c) Funds for studies provided for in this Code section shall come from funds appropriated to the Department of Community Affairs specifically for such purpose. The department, in consultation with state agencies, local governments, area planning and development commissions regional development centers, local development organizations, and others, shall establish guidelines for the distribution of funds to carry out the
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studies provided for in this Code section and shall establish guidelines for the preparation of economic development project studies. Such guidelines shall be approved by the Board of Community Affairs."
Section 6.26. Said article is further amended by striking subsections (a) and (b) of Code Section 50-8-123, relating to the recommendation, approval, funding, and implementation of projects, and inserting in its place new subsections (a) and (b) to read as follows:
"(a) Each rural economic development area may submit to the Department of Community Affairs proposed economic development projects by January 1, 1989. All proposed projects shall be endorsed by the appropriate local government and shall be evaluated for funding based upon rating and selection criteria prepared by the department in consultation with state agencies, local governments, area planning ad development commissions regional development centers, local development organizations, and others. Such criteria shall be approved by the Board of Community Affairs."
"(b) The department shall be authorized to expend funds available to the department under subsection (c) of this Code section to assist in the implementation of projects approved under the procedures outlined in this Code section. In carrying out the intent of this Code section, the Department of Community Affairs, state agencies, area planning and development commissions regional development centers, local governments, local development organizations, and other agencies or organizations receiving funding from the department are authorized to incorporate other public or private funds into project budgets needed to assure the feasibility of proposed economic development projects authorized under this article."
Section 6.27. Code Section 50-8-190 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Mapping and Land Records Modernization Advisory Board, is amended by striking subparagraph (c)(l)(H) and inserting in its place a new subparagraph (c)(l)(H) read as follows:
"(H) The Area Planning and Development Commissions Regional Development Centers;".
Section 6.28. Code Section 50-8-191 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Mapping and Land Records Modernization Advisory Board, is amended by striking paragraphs (2), (3), and (6) and inserting in their respective places new paragraphs (2), (3), and (6) to read as follows:
"(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 aiea planning and development commission a regional development center. The major product of the pilot programs will be procedural guidelines for the modernization of land records in Georgia;"
"(3) To encourage cost savings due to the coordination of data acquisition and data exchange among the federal government, local governments, area planning aftd development commissions regional development centers, the private sector, and various agencies of state government;"
"(6) To contract with state agencies, federal agencies, local governments, area planning and development commissions regional development centers, units of the University System of Georgia, as well as private persons and corporations to conduct technical studies and other work."
Section 6.29. Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definitions of terms, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Nonprofit contractor' means any individual, partnership, corporation, association, organization, or similar entity which contracts with and receives public funds from a state agency to provide services on a nonprofit basis. The term 'nonprofit contractor' includes only those entities which do not distribute any part of their income or profit
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to members, directors, officers, or any other private person. The term 'nonprofit contractor' shall not include authorities, nonprofit hospitals, nonprofit nursing homes, statewide associations of local governments, any educational institution of higher learning located in this state and accredited by the Southern Association of Colleges and Schools, any nonprofit organization which, during the applicable fiscal year of the organization, does not receive more than a total of $5,000.00 from all state agencies combined, the federal government, state or local governments, or school systems or their agencies, but shall include area planning and development commissions (APDC's) regional development centers and community action agencies. If a state agency contracts with a unit in this state of a national or multistate organization, the state unit shall be considered the nonprofit contractor for the purposes of this chapter."
Section 6.30. Code Section 50-20-4 of the Official Code of Georgia Annotated, relating to the prohibition against a nonprofit contractor receiving state funds under certain circumstances, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) The prohibition referred to in subsection (a) of this Code section against receiving funds from any state agency shall not apply to grants to cooperative education regional educational service agencies (CESA's) under Code Section 30-2-208 Part 11 of Article 6 of Chapter 2 of Title 20 or to HUD-701 planning grants to street planning a4 development commissions regional development centers."
Part 7
Section 7.1. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Lane of the 27th, was read and adopted:
A BILL
To amend the Official Code of Georgia Annotated, so as to provide a framework to facilitate and encourage coordinated, comprehensive state-wide planning and development at the local, regional, and state levels of government; to provide for statements of legislative intent and public purpose; to provide for definitions; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to create the Governor's Development Council; to provide for the membership, functions, powers, and responsibilities of the Governor's Development Council; to provide for certain powers of the Governor; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise extensively the provisions relating to the Department of Community Affairs and the Board of Community Affairs; to provide the powers, duties, responsibilities, and functions of the department, the commissioner, and the board; to provide for the membership of the board; to provide for the promulgation of rules, regulations, procedures, standards, and guidelines; to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to area planning and development commissions, so as to revise extensively the provisions relating to area planning and development commissions; to create and establish regional development centers; to provide for membership, dues, powers, duties, functions, and responsibilities of regional development centers; to provide for the succession of area planning and development commissions by regional development centers; to amend Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations, so as to provide for the powers, duties, and responsibilities of local governments with regard to comprehensive and coordinated planning and participation in regional development centers; to amend Article 1 of Chapter 2 of Title 12, relating to the general provisions regarding the Department of Natural Resources, so as to provide for the powers, duties, and responsibilities of the Department of Natural Resources with regard to the development and implementation of minimum land use standards to protect the natural resources, environment, and vital areas of the state; to amend the Official Code of Georgia
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763
Annotated so as to delete references to area planning and development commissions and change such references to regional development centers; to make editorial revisions; 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:
Part 1
Section 1.1. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by adding a new Article 6 to read as follows:
"ARTICLE 6
45-12-200. Coordinated and comprehensive planning by all levels of government within the State of Georgia is of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting coordinated and comprehensive planning by all levels of government. This article is intended to provide for the coordination of planning, at the direction of the Governor, by departments, agencies, commissions, and other institutions of the state, and this article shall be liberally construed to achieve that end.
45-12-201. As used in this article, the term: (1) 'Council' means the Governor's Development Council. (2) 'Planning' means the process of determining actions which state agencies shall
take. (3) 'State agency' means any department, agency, commission, or other institution
of the executive branch of the government of the State of Georgia. 45-12-202. The Governor's Development Council is created in the office of the Governor. 45-12-203. (a) The Governor shall serve ex officio as chairman of the council. (b) Membership on the council shall be determined as follows: the Commissioner of Agriculture, the commissioner of community affairs, the State School Superintendent, the commissioner of human resources, the commissioner of industry and trade, the Commissioner of Labor, the commissioner of natural resources, the commissioner of technical and adult education, the commissioner of transportation, the chancellor of the Board of Regents of the University System of Georgia, the director of the Office of Planning and Budget, the executive director of the Georgia Environmental Facilities Authority, the commissioner of revenue, the executive director of the State Soil and Water Conservation Commission, and the director of the Georgia Forestry Commission shall serve ex officio. (c) The Governor may, from time to time, appoint, in the Governor's discretion, additional members of the council, but the number of such additional members shall not exceed five at any one time. Each such member shall be the head of a state agency. Any such member shall serve only for a term designated by the Governor. (d) The council shall hold meetings as often as the Governor determines, but not less than once during each calendar month. The Governor as chairman may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. The Governor and eight members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate. The Governor may establish, from time to time, such additional rules and procedures as the Governor deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the Governor deems appropriate. 45-12-204. The council, at the direction of the Governor and subject to this article, shall perform the following functions:
(1) Coordinate, supervise, and review planning by state agencies. This shall include, but shall not be limited to, coordination of long-range planning and coordination of the location and construction of public facilities on the basis of state, regional, and local considerations identified in the comprehensive state-wide plan
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developed by the Governor with the assistance of the Department of Community Affairs; and
(2) Establish procedures for, and take action to require, communication and coordination among state agencies in any respect which the council deems necessary or appropriate in order to further the coordination of planning by state agencies. 45-12-205. The Governor shall have the power to engage, appoint, or designate such staff or assistance for the council as the Governor may deem necessary or appropriate to assist the council in the exercise and performance of its duties. 45-12-206. All state agencies and all counties, municipalities, or other political subdivisions of the state, regional development centers, and other public agencies or public authorities shall have the power and authority to take all actions which may be necessary or appropriate to respond to inquiries and requests from the council, to cooperate with the council in carrying out its duties, and otherwise to take any action which the Governor or the council may direct or require in carrying out their duties under this article. 45-12-207. The provisions of this article shall not be construed so as to permit an agency to initiate, carry out, fail to perform, or to otherwise take actions in any manner which is not authorized by law applicable to such agency or the subject matter. The provisions of this article shall not be construed so as to authorize an agency to locate, fail to locate, construct, or fail to construct public projects or facilities in any manner which is inconsistent with the directives of the General Assembly as specified in the authorization of such public projects or facilities."
Part 2
Section 2.1. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Code Sections 50-8-1 through 50-8-12 and inserting in their respective places new Code Sections 50-8-1 through 50-8-12 to read as follows:
"50-8-1. The Department of Community Affairs is created as a department of the executive branch of state government. The Department of Community Affairs, as it existed immediately prior to February Z4-, 1088 July !_, 1989, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after February 24; 1088 July 1^ 1989, the Department of Community Affairs shall have the duties, responsibilities, functions, power, and authority set forth in this article and otherwise provided by law.
50-8-2. (a) As used in this article, the term:
commission of ay metropolitan area planning and development commission created tft accoro.ancc witn tnis chapter.
(3) (1) 'Board' means the Board of Community Affairs. 4ft) (2) 'Commissioner' means the commissioner of community affairs. (3) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center^ region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensiye plans, established by the department in accordance with this article. (4) 'Conflict' means any conflict, dispute, or inconsistency arising:
(A) Between or among comprehensive plans for any counties or municipalities, as rjrorjosed, prepared, proposed to be implemented, or implemented;
(B) Between or among comprehensive plans for any regions, as proposed, pregared, proposed to be implemented, or implemented;
(C) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may he proposed, prepared, proposed to be implemented, or implemented;
(D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting
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765
regionally important resources, as defined by the department pursuant to this article; or
(E) Any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department pursuant to this article. (4) (5) 'Constitution' means the Constitution of the State of Georgia. ffr) (6) 'Contract' means any contract, agreement, or other legally binding arrangement. (7) 'Coordinated and comprehensive planning' means planning by counties and municipalities and by regional development centers in accordance with the minimum standards and procedures. Coordinated and comprehensive planning hi one of the local government affairs for which the department is authorized to assist hi the performance of local government services. {6} (8) 'County' means any county of this state. f7) (9) 'Department' means the Department of Community Affairs. f84 UO) 'Eligible recipient' means any local government, school district, or other government entity which may be eligible to receive funds from the department pursuant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department. (94 (II) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities. <40) (12) 'Local government' means any county, municipality, or other political subdivision of the state; any area planning commission regional development center; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms a the group to carry out jointly any of their lawful purposes but shall not include school districts. (414 (13) 'Local government affairs' means all matters involving or affecting local governments including, but not limited to, coordinated and comprehensive planning in which the state is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority. (i2) (14) 'Local government services' means the activities performed or authorized to be performed by the department including, but not limited to, its performance of duties, responsibilities, and functions in local government affairs and its exercise of power and authority in local government affairs.
(15) 'Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department in accordance with this article. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with this article.
(4A) (16) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
f!4) (17) 'Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning.
(18) 'Qualified local government' means a county or municipality which: (A) Has a comprehensive plan in conformity with the minimum standards and
procedures;
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(B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and
(C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (19) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board in accordance with the provisions of subsection (f) of Code Section 50-8-4.
(20) 'Regional development center' means a regional development center established under Article 2 of this chapter.
H-&) (21_) 'Rural area' means any nonurban area in the state as defined in rules and regulations of the department.
(46) (22) 'School district' means any school district, independent school system, or other local school system in the state.
4W) (23) 'State' means the State of Georgia. (24) 'State agency' means any department, agency, commission, or other institution of the executive branch of the government of the State of Georgia. (b) A reference to the terms of any contract or writing or to the terms under which any funds are made available shall include be construed as a reference to all terms, conditions, covenants, representations, warranties, and other provisions. 50-8-3. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this article is to provide for the department to serve this these essential public interest interests of the state irt by developing, promoting, sustaining, and assisting local governments, by developing, promoting, and establishing standards and procedures for coordinated and comprehensive planning, by assisting local governments to participate in an orderly process for coordinated and comprehensive planning, and by assisting local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens. This article shall be liberally construed to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the department shall:
(1) Develop, promote, sustain, and assist local governments;
(2) Provide a liaison between local governments and other governments, including the state government and the federal government;
(3) Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others;
(4) Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning;
(4) (5) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among
such duties and responsibilities of local governments the provision ef coordinated and
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767
comprehensive planning; services; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; and
(r) (6) Serve as the representative of the Governor to local governments and in local government affairs on a regular basis and on special assignments as authorized by the Governor. 50-8-4. (a) The Board of Community Affairs, as it existed immediately prior to
shall be abolished effective July ]_, 1989, and the Board of Community Affairs, from and after July 1^, 1989, is established in accordance with this Code section. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows:
respective 9uccessors &fe sppointed 8ftQ cjufliiiied. l ncrestter the
(1) The terms of all members of the Board of Community Affairs serving immediately prior to July 1^ 1989, shall expire effective July 1, 1989. The Governor shall appoint the initial members of the board for terms beginning on July Jj 1989, or the date on which the Governor makes the appointment, whichever is later. The terms of initial members of the board shall expire on a staggered basis, as follows: the terms of three of the members shall expire on July 1^, 1990, and the terms of three other members shall expire on each July 1 thereafter through July 1^ 1994, when the terms of all initial members of the board shall have expired. The Governor shall specify, when he appoints each initial member of the board, the expiration date of that member's term. Upon expiration of the term of each initial member of the board, the Governor shall appoint all successor members of the board for terms of five years. The terms of initial members and subsequent members of the board shall extend beyond the date of expiration and until their successors are appointed and qualified;
(2) The board shall be composed of one member from each United States congressional district in the state and five additional members from the state at large. The mem DCrsnip snail include, at all times, live members who arc elected otiiciols oi municipalities, rive members wno arc elected otiicials ot counties, and live members trom tne state at large wno need not fee elected otticials. l ne mem bersnip ot tne board shall include, at all times, not less than eight members wbo are elected officials of either counties or municipalities. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recommendations from the Georgia Municipal Association. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia. The remaining members shall be appointed by the Governor, in the Governor's discretion, from the state at large and need not be elected officials. These remaining members may be elected or appointed officials of local governments, citizens concerned with environmental issues, citizens interested in development, or other citizens who, in the judgment and discretion of the Governor, would enhance the board by their membership;
(3) The term of a member shall expire when it ends or shall terminate earlier immediately upon:
(A) Resignation by a member; (B) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (C) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection; (4) The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the
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board to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection;
reappomt tnc ooard mcmocr wnosc term 19 expiring of terminating, tne procedure shall apply:
(A) H' tiie former member was appointed from a congressional Governor shall appoint a new member from the same congressional district;
shall appoint a new member from the state at large; and \LJ) rr tnc former mcmocr was appointed as an elected otticial of a municipality
(5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office. (c) Officers of the board shall be elected and shall serve as follows:
(1) The officers of the board serving immediately prior to February 24; 1088 July lj 1989, shall continue cease to serve the respective terms for which they were elected,
(2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board;
(3) The board shall elect officers at each May meeting or, if there is no May meeting, at the next monthly meeting; ad
(4) Officers shall serve for a term of one year, beginning with their election and qualification and ending with the election and qualification of their respective successors; and ;
(5) No person shall hold the same office on the board for more than one term consecutively. (d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. Five Eight members of the board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the board deems appropriate. (e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for the use of a personal automobile in connection with such attendance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation.
(f) JThe board shall determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center; provided, however, any action of the board altering the boundaries of a regional development center shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. The boundaries of each region shall be established initially so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than
THURSDAY, FEBRUARY 9, 1989
769
one region. Without limiting the generality of the foregoing, the board shall establish the boundaries of' any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center.
50-8-5. (a) The office of the commissioner of community affairs, as it existed immediately prior to February 24-, 1988 July 1, 1989, shall continue to exist in accordance with this article. The commissioner shall be the department head, whose duties shall include serving as the department's chief executive officer and administrative head. The commissioner serving immediately prior to February 34^ 1988 July 1, 1989, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner within the amount specified in the general or any supplemental appropriations Act of the General Assembly, until otherwise provided by law.
(bj The commissioner shall have and may exercise the following power and authority:
(1) The power and authority to take or cause to be taken any or all ac*'on necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise;
(2) The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any local government services, to carry into effect the minimum standards and procedures for coordinated and comprehensive planning, or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise; ad
(3) The power and authority to certify, from time to time, municipalities and counties as qualified local governments, which certification shall not be unreasonably withheld; and
(3) (4) The power and authority to assist the board in the performance of its duties, responsibilities, and functions and the exercise of its power and authority.
50-8-6. The department shall be divided into such divisions, sections, or offices as may be necessary from time to time. All divisions, sections, or offices in existence immediately prior to February 24^ 1988 July lj 1989, shall continue to exist in accordance with this article. Thereafter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law. The commissioner shall appoint such directors, deputies, and assistants as may be necessary to manage such divisions, sections, and offices. Such positions shall be in the unclassified service of the State Merit System of Personnel Administration.
50-8-7. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such planning and technical assistance activities may include, but shall not be limited to, the following:
(1) The department may provide technical assistance to local governments. This assistance may be directed to any and all activities of local government including, but not limited to, preparation and implementation of a comprehensive plan, community and economic development, and governmental administration, finance, management, and operations;
(2) The department may provide planning assistance to local governments. This assistance may include assistance with respect to preparation or implementation of a local government's comprehensive plan and participation in the process for coordinated and comprehensive planning. This assistance may also include long-range planning relevant to one or more local governments to identify the needs of such local
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governments; This assistance may atee include or planning with respect to downtown development and the redevelopment and revitalization of downtown areas and central business districts;
(3) The department may assist local governments in planning for the consequences or other results of decisions or actions by any government which have an impact on local governments or on any of their citizens;
(4) The department may provide planning assistance to any local government or any state agency or state authority in connection with housing and dwelling places for citizens of the state. This assistance may include planning with respect to the availability of single-family, multifamily, and other types of housing units, the anticipated changes in such availability, the potential occupants for such housing, and the anticipated changes in such potential occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and
(5) The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action, and related activities and services with respect to any lawful purpose or activity of a local government. (b) The department shall undertake and carry out, and shall coordinate with other state agencies and local governments in undertaking and carrying out, such gathering of information, such distribution of information, and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such coordinating, gathering, and distribution of information and studies may include, but shall not be limited to, the following:
(1) 1 nc department snail establish trie Georgia data Dank to serve as a comprc hensivc source ef information available to local governments and state government. The department shall coordinate and participate in compiling, and other state agencies and local governments shall participate in compiling, a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. The Georgia data bank base and network shall collect, analyze, and disseminate information with respect to local governments, regional development centers, and state agencies and with respect te state government. The Georgia data bank base and network shall use include information obtained or available from other governments and information developed by the department. To maintain the Georgia data bank base and network, the department shall make, and shall coordinate with other state agencies and local governments in making, comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department. The department shall make available the Georgia data base and network, or provide access to the Georgia data base and network, to other state agencies, local governments, members of the General Assembly, and residents of the state;
f3) The department shall, every twe years; prepare a growth and development profile ef the stater The profile and the maps and descriptions which accompany the profile Siiflil include st cncr8l description of tne existing snct pPODSDie tuturc pfltterns OT
ternsr Ft this purpose, the department shall se information from the uanK and, wncre available, information developed Dy otner state agencies, the department may develop its own information. This profile shall be biennially to the Governor and to the General Assembly for their information nd se in developing policies for the state;
(S) (2) The department shall maintain a strategic rural economic development
plan in cooperation with the area planning commissions regional development centers,
the university system of the state, other state agencies and departments, and local
governments. The plan shall include, without being limited to, identifying industries
for which the rural areas of the state have a comparative advantage, exploring
resources for venture capital for the rural areas of the state, and providing state finan-
cial assistance to support local initiatives for rural economic development in rural
THURSDAY, FEBRUARY 9, 1989
771
areas; This rural economic development pten shall be revised ad updated at the same time as the growth and development profile ef the state prepared for submission te tnc Oovcrnor snd to tnc vjcncrfti AsscmDiy ts updst-cd mid siiftii DC submitted T trie
44} (3) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information prepared, developed, or obtained by the department;
4e) (4) The department may undertake studies, investigations, and surveys to identify potential physical, social, economic, governmental, demographic, or other problems and opportunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such opportunities; and
46) (5) The department may write, draft, prepare, or publish any studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information with respect to local government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information to any government, any state authority or state agency, or any private entity. (c) The duties, responsibilities, and functions of the department and the power and authority of the department described in this Code section are cumulative with, and in addition to, all other duties, responsibilities, and functions and power and authority of the department and are not intended to, and shall not be construed to, conflict with any other duties, responsibilities, or functions or any other power or authority of the department, including, but not limited to, the duties, responsibilities, and functions and the power and authority described in Code Section 50-8-7.1. 50-8-7.1. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department, utilizing the comprehensive plans of qualified local governments, shall undertake and carry out such activities as may be necessary to assist the Governor in encouraging, coordinating, developing, and implementing coordinated and comprehensive planning. Such activities may include, but shall not be limited to, the following:
(1) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in coordinated and comprehensive planning on the state level and throughout the state, including, but not limited to, assistance in the development of a comprehensive plan for the state;
(2) The department, utilizing the comprehensive plans of qualified local governments, shall assist the Governor in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through coordinated and comprehensive planning;
(3) The department shall examine and analyze plans of state agencies, comprehensive plans of regional development centers, and comprehensive plans of municipalities and counties, undertaken as part of the coordinated and comprehensive planning process, and advise the Governor with respect to those plans; and
(4) The department shall serve as policy liaison for the Governor, with respect to coordinated and comprehensive planning, with and among state agencies and local governments. (b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. Notwithstanding the provisions of Code Section 50-8-14, the minimum standards for coordinated and comprehensive planning established pursuant to this subsection shall be promulgated by the department in accordance with the provisions of Chapter 13 of this title, known as the 'Georgia Administrative Procedure Act.' The department shall undertake and carry out such activities as may be specified by law. Such activities may include, but shall not be limited to, the following:
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(1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process. These elements shall include, but shall not be limited to, housing, human services, natural resources, the environment, vital areas, historic resources, infrastructure, land use other than zoning, recreation, transportation, and economic development;
(2) The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among
regions based upon factors which the department determines merit differentiation, such as total population, density of population, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors;
(3) The department shall develop planning procedures with respect to regionally important resources, for planning with respect to developments of regional impact, and for encouraging intefjurisdictional cooperation among local governments. The
department shall determine, in its judgment and for each region, what shall constitute developments of regional impact. Such determinations by the department shall be made for each region after receiving any necessary information from the regional development center for the region, from local governments within the region, and from
others within the region. The department's determinations shall be publicly promulgated, using such means as the commissioner may determine, so that all local govern-
ments within a region will receive notice of the department's determinations affecting that region; and
(4) The department shall establish and shall promulgate procedures for obtaining
input from, and participation by, local governments and the public in establishing, amending, and updating from time to time the minimum standards and procedures.
(c) The department shall undertake and carry out such activities as the board or the commissioner may deem necessary for supervising regional development centers and as
may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department shall recommend to the board from time to time the boundaries for the regions for each of the regional development centers; and
(2) The department shall review and comment on comprehensive plans prepared by, and coordinated and comprehensive planning activities undertaken by or under the direction of, regional development centers.
(d) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving, conflicts. Such activities may include, but shall not be limited to, the following:
(1) The department may establish such procedures and guidelines for mediation or other forms of resolving conflicts as the commissioner may deem necessary. The proce-
dures and guidelines shall specify the times within which steps in the mediation or other form of conflict resolution shall take place and shall provide that such times
shall not exceed, in the aggregate, 90 days from the date on which mediation or other conflict resolution begins. The department shall promulgate and make public all such procedures and guidelines;
(2) The department may act to mediate or otherwise assist in resolving conflicts upon written request from any regional development center or local government or
may act, without any such request, on its own initiative;
(3) The department may establish rules and procedures which require that local
governments submit for review any proposed action which would, based upon guide-
lines which the department may establish, affect regionally important resources or fur-
thej; any development of regional impact. Any such proposed action by a local
THURSDAY, FEBRUARY 9, 1989
773
government (other than a regional development center) shall be submitted for review to the local government's regional development center. Any such proposed action by a regional development center shall be submitted for review to the department. Review shall be in accordance with rules and procedures established by the department. The review shall result in a public finding by the regional development center or the department, as the case may be, that the action will be in the best interest of the state or that it will not be in the best interest of the state;
(4) Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and
(5) The department may decline to certify a local government as a qualified local government or may take or recommend action which would reduce state or other funding for a regional development center if such local government or regional development center, as the case may be, is a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict. 50-8-7.2. The initial minimum standards and procedures promulgated by the department pursuant to Code Section 50-8-7.1 shall be submitted by the department to the General Assembly at the next regular session following the effective date of this Act and shall become effective only as ratified or amended by joint resolution of the General Assembly. Any subsequent amendments or additions to the initial minimum standards and procedures promulgated by the department pursuant to Code Section 50-8-7.1 shall be promulgated by the department within the terms of authority granted in such joint resolution and, if not in conflict with the terms of such joint resolution, in accordance with the provisions of Chapter 13 of this title, the 'Georgia Administrative Procedure Act.' Any minimum standard or procedure subsequently adopted or amended by the department may be amended by joint resolution of the General Assembly at the next regular session following the date of the adoption or amendment. 50-8-8. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department. The department shall also grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients or qualified local governments from appropriations made to the department generally for grant purposes, without appropriations language specifying amounts, recipients, and purposes. The department:
(1) Shall shaH disburse such grants on the basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and ;
(2) May condition the award of any such grants to a county or municipality upon
the county or municipality, as the case may be, being a qualified local government.
(b) The department shall direct the distribution of any appropriations or other funds
available for coordinated and comprehensive planning in accordance with the Act of the General Assembly providing for such appropriations. No grant by the department to any
eligible recipient or qualified local government shall adversely affect any grant or service to the eligible recipient or qualified local government by any other unit or instrumentality of state government. Without limiting the foregoing, the Department of Education,
Department of Transportation, and the director of the Fiscal Division of the Department of Administrative Services shall not diminish or fail to award any funds or service
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JOURNAL OF THE HOUSE,
to any recipient under any state or federal program in whole or in part on account of a grant by the department. Grants by the department are and shall be deemed to be of a special nature and in addition to all such other grants or awards. The following provisions shall apply to making such funds available to eligible recipients or qualified local governments:
(1) The department may make available funds by grant to an eligible recipient or qualified local government, by direct payments on behalf of an eligible recipient or qualified local government, or by any other lawful means^ In the event the department determines that, in its judgment, a regional development center has failed to comply with its duties as provided by law or with the terms of a contract between such regional development center and a local government, the department shall be authorized to make payments, which it otherwise would have made to the regional development center, directly to the local government or as the department otherwise determines in order to carry out the duties of the regional development center under
the law or such contract; (2) The department may accept, use, and disburse gifts and grants made to it on
terms consistent with its legal powers, from any public or private source; (3) The department shall specify the terms under which it makes any funds avail-
able to an eligible recipient or qualified local government. The terms shall be those established or otherwise required by the government or other source which makes the funds available to the department. If such government or other source does not establish or otherwise require any such terms, the department may establish the terms;
(4) The department shall set forth in writing the terms under which the department makes funds available to an a qualified local government or eligible recipient.
The terms may be set forth in a contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a qualified local
government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws;
(5) The department shall manage and administer all funds made available pursuant to this Code section; and
(6) The department may make funds available for any purpose for which the eligible recipient or qualified local government may lawfully use such funds. Unless pre-
cluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, duties, responsibilities, functions, power,
or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, maintaining, restoring, or protecting local government projects or purposes of any nature, such as:
(A) Construction projects; (B) Capital outlay projects; (C) Infrastructure projects;
(D) Planning services; (E) Technical assistance; (F) Coordinated and comprehensive planning;
(F) (G) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness;
(G) (H) Purchase or lease of equipment; (H-) (I) Operating expenses;
ft> (J) Housing projects;
{4} (K) Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educa-
tional, athletic, and other events, in order to provide for the establishment, development, and maintenance of commerce and trade;
fK) (L) Any project or purpose described in or permitted under any appropria-
tions to the department;
THURSDAY, FEBRUARY 9, 1989
775
4k) (M) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department;
4M} (N) Any project or purpose provided for in the federal Housing and Community Development Act of 1974, as amended, or any successor to the Housing and Community Development Act of 1974;
(N) (0) Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965;
{0) (P) Any project or purpose authorized by federal or state law; or (P4 (Q) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department. fb} (c) The department may apply for, receive, administer, and use any grant, other financial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of qualified local governments or other eligible recipients. The department's power and authority under this subsection includes, but shall not be limited to, the following: (1) The department may apply on behalf of qualified local governments or other eligible recipients for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, or if state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are otherwise made available to the department, the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient; and 7 (2) The department may accept on behalf of qualified local governments or other eligible recipients funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recipient and the terms under which such funds are made available for use by the eligible recipient shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient.
fe> (d) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto.
{d} (e) The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution.
{e) ({) The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the department for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities.
(f) (g) The power and authority of the department under this Code section to make available to local governments or any other eligible recipient any funds shall be limited by the Constitution and laws of the state, and as specified in this Code section, but shall not otherwise be limited.
(g) (h) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as otherwise may be authorized, all grants and other disbursements of funds made by the department or from the emergency fund through the department prior to February 24j W88 July 1^ 1989, are approved, ratified, and confirmed.
50-8-9. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall have the power to enter into contracts with local governments, school districts, state agencies, state authorities, and other public and private entities or individuals for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the department or exercising the power and
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authority of the department. No such contract shall constitute a donation or gratuity or the forgiveness of any deht or obligation owing to the public. No such contract shall constitute or be intended to constitute security for bonds or other obligations issued by any public agency, public corporation, or authority. No such contract shall constitute a pledge or loan of the credit of the state to any individual, company, corporation, or association, and the state, through the department, shall not become a joint owner or stockholder in or with any individual, company, association, or corporation.
(b) The power and authority of the department under this Code section to enter into contracts shall be limited to entering into contracts permitted under the Constitution and laws of the state and as specified in this Code section but shall not otherwise be limited.
50-8-10. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such activities as may be necessary to coordinate policies, programs, and actions of governments in local government affairs and as may be specified by law. Such activities may include, but shall not be limited to, the following:
(1) The department may take such action as the commissioner may deem necessary, to the extent feasible and practicable as determined by the commissioner, to make the programs and policies including, but not limited to, comprehensive plans of all levels of government consistent and to minimize duplicated or inconsistent programs and policies including, but not limited to, comprehensive plans within the state government and among local governments;
(2) The department may review, on a continuous basis, the programs and policies including, but not limited to, comprehensive plans of all governments acting within the state to determine their consistency with long-range programs and policies of the
(3) The department may consult with, meet with, confer with, and cooperate with the executive or legislative authorities of other states, with representatives of municipalities and counties of other states, with other representatives of governments, with representatives of private entities, and with others for the purpose of furthering the coordination of programs and policies affecting local government affairs within this state. (b) The department shall serve as the state's clearing-house and research center on intergovernmental relations, including relationships among federal, state, and local levels of government and, to this end, the department shall:
(1) Monitor, review, analyze, and communicate with and to others with respect to actions and developments in the United States Congress, in the federal agencies, and in other states which affect local governments or which may affect relations between the state and any local governments; and
(2) Coordinate its activities with the office of the Governor, other state agencies and authorities, and the state's members of the United States Congress. (c) The department may provide, supervise, or coordinate leadership and community development programs for local governments and other programs with respect to local government affairs. The department may develop pilot programs or projects designed to address the problems and needs of local government. 50-8-11. (a) The department shall have the duty, responsibility, power, and authority to take all action necessary to further the purposes of the department, without regard for whether any such duty, responsibility, power, or authority is specifically mentioned in this article or otherwise specifically granted by law. Without limiting the general nature of this Code section:
(1) The department shall have all duties, responsibilities, power, and authority granted or specified under or pursuant to any other laws of the state and any executive orders issued by the Governor prior to February 34; 1088 July !_, 1989. To the extent permitted by law, the Governor may, by executive order issued on or after February 24-, t988 July !_, 1989, authorize the department to take specific action in furtherance of the purposes of the department; and in that event, the department shall take such action;
THURSDAY, FEBRUARY 9, 1989
(2) The department shall promote and encourage assistance from private entities and individuals in carrying out and performing local government services;
(3) The department shall assist local governments in developing, promoting, and retaining trade, industry, commerce, and employment opportunities;
(4) The department may define, identify, and establish criteria or requirements for local governments or others to participate with or to use any local government services; and
(5) The department may receive, use, and spend money received from the state for any of the purposes of the department. (b) Revenues for all fees and charges imposed or otherwise charged by the department for local government services shall be paid into the general fund of the state treasury, except that charges intended to reimburse expenses incurred by the department shall be used to reimburse the department for such expenses.
with the provisions ef this article. The committee shall advise the commissioner ad the
intergovernmental relationships, and collective planning studies ef area planning commissions. The members of the committee serving immediately prior te February 24y
shall appoint the members of the committee whe shall serve for terms ef office of twe years and until their successors arc appointed and qualified, t he committee shall consist
committee shall cease te be a member ef an area planning commission in the state, such member snail no longer ee a mem bcr ot tnc committee, and the Liovcrnor shall appoint
ccssor is appointed and qualified. Membership en the committee shall not preclude the mem bcr trom holding other public office, cjacn member ot the committee shall receive
each day a committee member is in attendance at a meeting ef the committee and shall receive reimbursement for actual transportation costs incurred while traveling by public earner or the allowance authorized lor state officials and employees tor tnc use ot a personal meter vehicle in connection with such attendance. The per diem and travel allowance or reimbursement authorized by this subsection shall be paid from funds appropriated and available te the area planning commission which the member represents, l he committee snaii meet at least lour but not more than six times per year. 1 he
fb) The commissioner may create advisory councils in accordance with Code oU-4-4. 1 nc eom miss loner may name or otherwise designate such advisory councils as the
50-8-12. _ Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 3
Section 3.1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Article 2, relating to area planning and development commissions, in its entirety and inserting in its place a new Article 2 to read as follows:
"ARTICLE 2
50-8-30. The Beard of Community Affairs, in consultation with the Advisory Committee en Area Planning and Development, local governments, and state agencies, shall report te the Governor the boundaries for area planning and development commissions embracing the entire state. INo county shall ee divided m forming an area planning and development commission. The boundaries for existing area planning and development commissions shall be used if practicable. The local governments of the State of
JOURNAL OF THE HOUSE,
Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. Coordinated and comprehensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state. The purpose of this article is to provide for regional development centers to develop, promote, and assist in establishing coordinated and comprehensive planning in the state, to assist local governments to participate in an orderly process for coordinated and comprehensive planning, to assist local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens, and to prepare and implement comprehensive regional plans which will develop and promote the essential public interests of the state and its citizens. This article shall be construed liberally to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
60 '8-31. (a) At ay time subsequent te the establishment ef the boundaries any area planning and development commission pursuant te Code Section 60-8-30, ay aftit of units of local government may petition trie ooard of t^ommunity Attairs to amend of change the boundaries.
( D/ r~fte board, HI consultation witn tne Advisory Committee on Arcs r lanmng and Development, shall create and promulgate policies and procedures for effecting changes of boundaries.
\c) iNo QOUndary of an area planning and development commission may i&e changed
50-8-31. As used in this article, the term: (1) 'Board' means the board of a regional development center. (2) 'Caucus' means an informal meeting of any group of board members required,
pursuant to this article, to determine how to cast its collective vote or to elect board members in caucus. A caucus shall be governed by such rules as the board members of the class required to caucus shall determine among themselves but shall not be subject to the provisions of Chapter 14 of this title.
(3) 'Center' means a regional development center established under this article. (4) 'Chief executive officer' means the official of any county or municipality elected as chief executive officer (regardless of whether the position which is, in fact, that of chief executive officer is called chairman, mayor, or by any other designation) or, for any counties or municipalities where no person is elected as chief executive officer, a member of the governing body of the municipality or the county, as the case may be, designated by resolution of the governing body. (5) 'Collective vote' means the vote of a class of board members determined by a caucus and shall mean one vote for such class, rather than separate votes for each member of the class. (6) 'Commissioner' means the commissioner of community affairs. (7) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with this article. (8) 'Conflict' means any conflict, dispute, or inconsistency arising:
(A) Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented;
(B) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipal-
ities, as such plans may be proposed, prepared, proposed to be implemented, or implemented;
THURSDAY, FEBRUARY 9, 1989
779
(C) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department; or
(D) Any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department. (9) 'Constitution' means the Constitution of the State of Georgia. (10) 'Contract' means any contract, agreement, or other legally binding arrangement. (11) 'Coordinated and comprehensive planning' means planning by counties and municipalities and by regional development centers in accordance with the minimum standards and procedures. (12) 'County board member' means any member of the board representing a county, determined pursuant to paragraph (1) of subsection (b) of Code Section 50-8-34. (13) 'Department' means the Department of Community Affairs. (14) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality. (15) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities. (16) 'Local government' means any county, municipality, or other political subdivision of the state; any regional development center; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any lawful purposes but shall not include school districts. (17) 'Local plan' means the comprehensive plan for any county or municipality. (18) 'Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with Article 1 of this chapter. (19) 'Municipal board member' means any member of the board representing a municipality, determined pursuant to paragraph (2) of subsection (b) of Code Section 50-8-34.
(20) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(21) 'Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning.
(22) 'Nonpublic board member' means the board member who is a resident of a county within the region and is elected as the nonpublic member for that county pursuant to paragraph (3) of subsection (b) of Code Section 50-8-34.
(23) 'Qualified local government' means a county or municipality which:
(A) Has a comprehensive plan in conformity with the minimum standards and procedures;
(B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and
(C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict.
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(24) 'Region' means the territorial area within the boundaries of operation for any regiorial development center, as such boundaries shall be established from time to time by the hoard of the department.
(25) 'Regional development center' means a regional development center established under this article.
(26) 'Regional plan' means the comprehensive plan for a region. (27) 'State' means the State of Georgia. 50-8-32. Ne unit ef kea4 government shall be represented in an area planning and development commission until it joins an area planning and development commission by official action. Regional development centers are created and established as public agencies and instrumentalities of' their members which shall facilitate coordinated and comprehensive planning in conformity with minimum standards and procedures established pursuant to law. Each such agency and instrumentality shall be known as a regional development center and shall be designated, by name for all purposes, with such identifying words before the term 'regional development center' as the board may, from time to time in accordance with the provisions of subsection (f) of Code Section 50-8-4, choose and designate by official action. The number of regional development centers and the region within which each regional development center shall operate shall be established from time to time by the board of community affairs. The board of community affairs shall initially establish the boundaries of each region so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board of community affairs shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center. 60-8-33. (a) Each area planning and development commission, by its bylaws, shall provide for the selection ef commission representatives, btrt such bylaws shall be subject to the following requirements governing the membership ef the commission:
development commission, and such members ef the commission shall be appointed by tnc governing uodics of tnc respective counties and municipalities, l nc Dylaws may
scntativc ef its governing body on the commission, and at least one municipality
en the commission; and
tnc counties and municipalities wnicn nave joined tnc area planning and development
ning and development commission established as provided in Article 4 ef this chapter 50-8-33. (a) Each municipality and county in the state shall automatically be a
member of the regional development center for the region which includes the municipality or county, as the case may be.
(h) Each municipality and county in the state shall pay the annual dues for membership in its regional development center. Dues for membership shall be 60$ for each year or fraction of a year, measured from July I to the following June 30, for each resident of the municipality or of the county (excluding from the residents of the county, for this purpose, all of the residents of municipalities within the county), as the case may be, based upon the most recent estimate of population approved by the department for purposes of calculating membership dues in regional development centers. All municipalities and counties within a region shall pay a greater amount in annual dues, however, if such
THURSDAY, FEBRUARY 9, 1989
781
greater amount is established by the board of the regional development center. Where in-kind services such as plans, office space, utilities, maintenance, or janitorial services are provided by a local government to the regional development center, the annual dues of such local government may be reduced by the board of the center in an amount determined to reflect the actual cost or fair market value of any such services.
50-8-34. (a) The board of each regional development center shall establish policy and direction for the regional development center and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows: (1) The chief executive officer of each county in the region shall be a county board
member; (2) The chief executive officer of each municipality in the region shall be a munici-
pal board member; and (3) The county board members and municipal board members from the same
county shall together elect one member of the board, who shall be a resident of the oard member from such county.
this board member, the county board member shall have one vote and the municipal board members from that county shall have one collective vote, determined by caucus. If any county board member and the municipal board members casting their collective vote fail to elect a nonpublic member from their county, the board shall not be pre-
cluded from taking any authorized action and the votes from that county shall not be recorded until such nonpublic board member has been agreed upon and named as a
member of the board. (c) The term of a member of the board who is an elected official shall be for a period
of one year and until the member's successor is elected and qualified. The term of a member of the board who is a nonpublic board member shall be for a period of two
years. The term of a member shall terminate immediately upon:
(1) Resignation by a member; (2) Death of a member or inability to serve as a member due to medical infirmity
or other incapacity; or (3) Any change in local elective office or residence of a member which would cause
the composition of the board not to comply with the requirements of subsection (b)
of this Code section. (d) Votes among members of the board shall be allocated as follows:
(1) Each county board member shall have one vote; (2) The municipal board members from the same county shall have one collective
vote; and (3) Each nonpublic board member shall have one vote.
(e) The board shall hold meetings not less than four times in each year, beginning
on July 1 and continuing through the next June 30. (f) Each board shall be responsible for employing an executive director for its
regional development center, adopting an annual budget and work program for the
regional development center, and electing members of an executive committee. (g) (1) Each board shall annually elect a 15 member executive committee which
shall have all the power and authority and all the duties, responsibilities, and functions of the full board and which may take any action which the full board can take,
except that the executive committee shall not employ an executive director for its regional development center, adopt the annual budget and work program for the
regional development center, or elect members of the executive committee. Without limiting the generality of the foregoing, the executive committee shall develop a pro-
posed annual budget and work program which shall be submitted to the board for
adoption. (2) The executive committee members shall include at least one board member
from each county in the region and shall be determined as follows:
(A) The county board member representing the county with the largest population in the region shall be a member of the executive committee;
(B) The municipal board member representing the municipality in the region
with the large_st population shall be a member of the executive committee;
782
JOURNAL OF THE HOUSE,
(C) Four county board members shall be elected by the county board members, in caucus, to be members of the executive committee;
(D) Four municipal board members shall be elected by the municipal board members, in caucus, to be members of the executive committee;
(E) Five nonpublic board members shall be elected by the nonpublic board members, in caucus, to be members of the executive committee. (h) The executive committee shall elect officers of the board, who shall also serve, in the same capacities, as officers of the executive committee. The executive committee shall elect a chairman, vice chairman, and secretary from among the members of the executive committee. The executive committee shall elect officers annually at the meeting designated for that purpose in bylaws of the center. (i) Each member of an executive committee may upon board approval receive a per diem expense allowance not to exceed the amount received by members of the General Assembly for each day an executive committee member is in attendance at a meeting of the executive committee, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for the use of a personal automobile in connection with such
attendance. This per diem and reimbursement for transportation expenses shall be paid *2 lieu of any other per diem, allowance, remuneration, or compensation.
(j) For purposes of determining the municipality in a region with the largest population and the county in a region with the largest population, population shall be based upon the most recent estimate of population approved by the department for purposes
of calculating membership dues in regional development centers, and the population of any county shall, for these purposes, include all of the residents of municipalities within the county and exclude all of the residents of any municipality within any other county
where a municipality lies within more than one county. 60-8 34. 50-8-35. (a) Each regional development center shall perform the duties,
responsibilities, and functions and may exercise the power and authority described in
this Code section. Each center may exercise the following power and authority: Each area planning afd development commission may:
(1) Each center may adopt Adopt bylaws and make rules and regulations for the conduct of its affairs;
(2) Each center may make Make and enter into all contracts er agreements necessary or incidental to the performance of its duties and functions. Neither a commis-
sion center, nor any nonprofit corporation established or controlled by that commission center, may enter into any contract er agreement obligating that commis-
sion center or nonprofit corporation to perform services for any political subdivision, individual, or business entity located wholly outside the boundaries of that commissien center's region, except that one commission center, on its own behalf and not on
behalf or for the direct benefit of any political subdivision, individual, or business entity within that commission's center's boundaries, may contract with another commission center to provide services for the benefit of one or both commissions cen-
ters; (3) Each center may acquire Acquire and dispose of real and personal property; (4) Each center may utilize Utilize the services of the Department of Administra-
tive Services; (5) Each center may prepare Prepare studies of the area's resources as they affect
existing and emerging problems of industry, commerce, transportation, population,
housing, agriculture, public services, local governments, and any other matters relating to area planning and development;
(6) Each center may collect, Collect, process, and analyze, at regular intervals, the social and economic statistics for the region, which statistics are necessary to planning studies, and make the results available to the general public;
(7) Each center may participate Participate with local, state, or federal governmental agencies, educational institutions, and public and private organizations in the
coordination and implementation of research and development activities; (8) Each center may cooperate Cooperate with all units of local government and
planning and development agencies within the area center's region and coordinate area
THURSDAY, FEBRUARY 9, 1989
783
planning and development activities with those of the state and of the units of local government within the area center's region as well as neighboring areas regions and with the programs of federal departments, agencies, and regional commissions; and provide such technical assistance, including data processing and grant administration services for local governments, as may be requested of it by a unit or units of local government within the center's region; and such technical assistance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government within the center's region;
(9) Each center may carry Carry out such other programs as its governing authortty board or the department shall require from time to time;
(10) Each center may, when When appropriate, administer funds involving more than one political subdivision;
(11) Each center may, upon Upon the signed resolution of its board and written approval by each unit of local government affected, initiate, continue, or renew arrangements with the United States government, an adjoining state, this state, a unit of local government, any agency or instrumentality of the foregoing, or a public or private organization for the management, administration, or operation of human service
programs by such area planning and development commission regional development
center; but, in the conduct of any such human service programs, a commission center shall not engage in the direct delivery of goods or services to individual consumers but may enter into contracts with other authorized entities, including units of local
government, for the delivery of such goods or services by and in the name of such entities; and
(12) Each center may provide Provide the following benefits to its employees, their
dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise;
(B) Life insurance coverage and coverage under federal old age and survivors' insurance programs;
(C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits.
(b) Each center shall undertake and carry out such planning and technical assistance activities as its board or the department may deem necessary for the development, preparation, and implementation of comprehensive plans for the center's region and for
municipalities and counties within the center's region and such planning and technical assistance activities as its board or the department may deem necessary for coordinated
and comprehensive planning within the center's region. Such planning and technical assistance activities may include, but shall not be limited to, the following:
(1) A center may coordinate and assist local governments in preparing local plans for submission to the center;
(2) A center may provide technical planning assistance to local governments; (3) A center may develop and prepare a local plan for a county or municipality if
the county or municipality enters into a contract with a center for that purpose; (4) A center may require that comprehensive plans within its region include ele-
ments in addition to those established by the department as minimum standards and procedures but, before imposing any such requirement, the center shall have received
the department's approval of any additional elements to be included in such comprehensive plans;
(5) A center may establish goals and objectives, consistent with those established
by the Governor's Development Council or by the department, for its region; and (6) Each center shall prepare and adopt a regional plan and submit the regional
plan to the department. The regional plan shall take into consideration local plans
within the region. The regional plan may be prepared but shall not be adopted by the board until after a proposed regional plan has been made public and after the board has held, or caused to be held by a designated hearing officer, a public hearing on the
regional plan, in accordance with such procedures as the department may establish.
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JOURNAL OF THE HOUSE,
(c) Each center shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments, state agencies, and members of the General Assembly.
(d) A center shall serve as liaison with other governments, including federal government agencies and state agencies. In this capacity, a center may administer programs within the state upon the request of local governments and may administer federal or state government programs upon designation by the federal or state government. Each center shall be designated as the official planning agency for all state and federal programs to be carried out in the region if such designation is required and if the department concurs in such designation. A center may take all action and shall have all power and authority necessary to carry out its responsibilities, duties, and functions under any such state or federal programs.
50-8-86. Each area planning and development commission shall: (4) Review and comment upon applications by units ef local government within
tnc area tor federal of state grant assistance, provided tnat application review and
local government within its area planning and development commission; \ji) r rcparc aft area biennial development protile, wnich proiilc snail oe at tne
direction ot^ OH torms and tn a tormat prescribed by and subject to review uy tne Department ef Community Affairs;
{3) Prepare a forecast for the development ef the area ef such commission in accordance witn predicted tuture needs and resources. 1 ne forecast snail T>e addressed
commerce, induatry, recreation, forestry, agriculture, and tourism; and ways to foster
munity Affairs, information regarding the operations ef political subdivisions find social, economic, and gcograpnic statistics tor tne area. 50-8-36. (a) For the purposes of paragraph (11) of subsection (a) of Code Section 60-8-34 50-8-35, the term 'human service programs' means any activity authorized by law to be undertaken by the state or by any unit of local government in which it is undertaken, the funds for which program are provided by or through the United States government, an adjoining state, this state, any unit of local government, any agency or instrumentality of the foregoing, or a public or private organization, the purpose of which is to provide assistance to and relieve the special burdens of the young, the indigent, the aged, the handicapped, the unemployed, or the ill. () Except as otherwise provided by subsection (d) ef this Code section, ne granted to area planning and development commissions oy Oodc
ef governmental services te consumers or te administer contracts for the delivery ef governmental services to consumers except contracts for the administration ef human
development commissions shall be authorized to provide technical assistance to units ef local government in areas ef governmental services. As used in this subsection, 'govern
and includes, by way ef illustration and net ef limitation, the following governmental
(4) Law enforcement, inclu arrest; detention, and court administration;
(4) Street and road construction and maintenance, i street lignts;
ling euros, sic
THURSDAY, FEBRUARY 9, 1989
785
Development, storage, treatment, purification, and distribution of water;
f9 Storm water ad
age disposal system;
f&) Public housing;
(9) Airport construction and maintenance;
(10) Terminal and dock facilities and parking facilities;
(12) Libraries. (b) As used in this subsection, 'governmental services' means those services provided by local units of government of this state. No authority granted to regional development centers by Code Section 50-8-35 shall be construed to authorize a regional development center to manage, administer, or operate any program involving the direct delivery of governmental services to consumers or to administer contracts for the delivery of governmental services to consumers, except that:
(1) The authority of regional development centers with respect to human service programs, as defined by subsection (a) of this Code section, shall be governed and controlled by_ paragraph (11) of subsection (a) of Code Section 50-8-35;
(2) The department may specifically authorize governmental services other than human service programs in writing from time to time and for any specified period of time; and
(3) Regional development centers shall be authorized to provide technical assistance to units of local government in areas of governmental services.
(c) When an area planning and development commission a regional development center administers a contract for the purposes of paragraph (11) of subsection (a) of Code Section 50-8 34 or pursuant te the authority ef subsection 4d) of this Code section 50-8-35, no employee of the area planning and development commission regional development center who is compensated for his services by the area planning and development commission center shall also serve, during the period of any such contract, as a board member, officer, or paid employee of the entity contracting with the area planning and development commission regional development center.
(d-) Notwithstanding any limitations otherwise provided by Code
as authorized by paragraph (ii) ef Code Section 50-8-34,- ef engage m the direct <
and development commission was managing, adminiatcring, er operating such
authorization shaH include continuation or renewal ef swh programs at any level ef funding er addition ef new program components te the programs and continuation ef
50-8-37. (a) Each local plan shall be submitted for review, comment, and recommendation to the appropriate regional development center and shall become effective in accordance with this Code section. Each municipality and county within a region shall submit its local plan to the regional development center for that region for review, comment, and recommendation by the regional development center. The center shall maintain all local plans which it receives in this manner in files available for inspection by the public.
(b) Within ten days after receipt of a local plan, the center shall notify each municipality or county within its region which may be affected by the local plan of the general nature of the plan, the date of its submission, and the identity of the submitting municipality or county. In addition, any local governments contiguous to, or operating within, the submitting municipality or county shall be notified by the center in the same man-
3SL (c) Within 15 days after the center gives the notice required by subsection (b) of this
Code section, any local government within the region and any other local government which received notice from the regional development center may present, to the regional development center, its views on the local plan in a public meeting or hearing which
786
JOURNAL OF THE HOUSE,
shall be held in accordance with rules established by the center with prior aj: the department.
(d) The center shall determine whether the adoption or implementation of the local plan would present any conflict. The center may recommend a modification of the local plan in such a manner as to eliminate any conflict or alleviate any problem or difficulty which such conflict may create. The center's determination shall be in writing, shall be made public, and shall be communicated by written notice given to the municipality or county which submitted the local plan within 15 days after the date of the public meeting or hearing.
(e) The municipality or county which submitted the local plan may request reconsideration of any recommendation by a center within ten days after the center's recommendation is made public. For purposes of such reconsideration, the center shall schedule, announce, and hold a public hearing within 15 days after receipt of the request for reconsideration. Notice of the time and place of any such public hearing shall be given by the center to all members of the regional development center, in accordance with such procedures as the regional development center may establish, subject to the prior approval of the department. The regional development center shall also give such notice to all affected municipalities and counties and appropriate state regulatory boards and agencies.
(f) Within ten days after the public hearing, the center shall either continue its recommendations or modify the recommendations. In either case, the center shall make public its determination and shall give written notice of its determination to the municipality or county which submitted the local plan.
(g) No municipality or county shall take any action to adopt any local plan, or to put into effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted the local plan to the center for review, comment, and recommendation, except that any request for reconsideration of any recommendation by a center pursuant to subsection (e) of this Code section shall automatically operate to extend the 60 day period to 90 days.
(h) Nothing in this Code section shall limit or compromise the right of the governing authority of a county or municipality to exercise the power of zoning.
50-8-38. A center shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the state, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or state or agency thereof, transmit the same to the center for its review. The comments of the center shall then become a part of the application, to be appended thereto when finally submitted for the consideration of the United States, the state, or any agency thereof.
50-8-39. A center shall keep books of account reflecting all funds received, expended, and administered by the center which shall be independently audited at least once in each fiscal year during which a center functions. The auditor's report shall be presented to the governing body of each member within the region and to the department. The department shall conduct a performance audit of each regional development center at least once every three years.
60-8-37 50-8-40. When federal or state law or regulations require the designation of an area-wide or multicounty public or private corporation, organization, or agency for multicounty delivery of human service programs, the state agency administering such programs shall send a notice of intent to designate such area-wide or multicounty corporation, organization, or agency to units of local government in the area to be affected. The notice shall discuss in general the details of the program and, when applicable, possible local government involvement.
50-8-41. Each area planning and development commission in existence as of June 30, 1989, shall automatically be succeeded by the regional development center for the same region as of July 1^ 1989, and each such regional development center shall be governed, from and after July !_, 1989, by this article. All contractual obligations, obligations to
THURSDAY, FEBRUARY 9, 1989
787
employees, other duties, rights, and benefits of such area planning and development commissions shall automatically become duties, obligations, rights, and benefits of their respective successor regional development centers.
50-8-42. Any metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, shall also serve as the regional development center for the area covered by such metropolitan area planning and development commission. The duties, responsibilities, and functions and the power and authority granted the metropolitan area planning and development commission by law are, and shall be construed to be, cumulative with, and in addition to, the duties, responsibilities, and functions and the power and authority granted regional development centers by law. In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional development centers, however, the laws governing metropolitan area planning and development commissions shall control and shall govern the metropolitan area planning and development commission. For example, but without intending to limit the generality of the foregoing statement, the provisions of Code Sections 50-8-84 through 50-8-87, regarding membership of a metropolitan area planning and development commission, terms of officers, quorums, and elections of officers, would govern a metropolitan area planning and development commission instead of the provisions covering the same subject matter under this article.
60-8-38 50-8-43. The governing authorities of the local governmental entities within each area planning and development commission regional development center may appropriate or loan their funds, facilities, equipment, and supplies to the area planning and development commission regional development center.
60-8-39 50-8-44. Each area planning and development commission regional development center exists for nonprofit and public purposes; and it is found and declared that the carrying out of the purposes of each area planning and development commission regional development center is exclusively for public benefit and its property is public property. Thus, no area planning and development commission regional development
center shall be required to pay any state or local ad valorem, sales, use, or income taxes. oU-o-4U. iNotning tft tnis article snail fee construed to limit tnc powers or any unit OT
teeal government. 60-8-41. 50-8-45. (a) The following provisions apply to all regional development
centers. The Department of Administrative Services is authorized to permit area planntng ad development commissions regional development centers, on an optional basis,
to purchase their motor vehicles, material, equipment, services, and supplies through the state and to issue purchase orders for area planning and development commissions regional development centers for motor vehicles, material, equipment, services, and sup-
plies. 60-8-42. (b) The area planning and development commissions regional development
centers of this state are authorized to purchase stock from the state's central supply
system operated by the Department of Administrative Services. 60-8-43. (c) The area planning attd development commissions regional development
centers of this state are authorized to purchase under state-wide term contracts and
price agreements established by the Department of Administrative Services. 60-8-44. (d) The area planning and development commissions regional development
centers of this state are authorized to receive directly from the Department of Adminis-
trative Services personal property declared surplus by the state. 60-8-46. (e) The commissioner of administrative services shall prescribe regulations
necessary for implementation of this Code Sections 60-8-41 through 60-8-44 section and
is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of motor vehicles, material, equipment,
services, and supplies for the area planning and development commissions regional development centers of this state.
50-8-46. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 4
Section 4.1. Title 36 of the Official Code of Georgia Annotated, relating to counties
and municipal corporations, is amended by adding a new Chapter 70 to read as follows:
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"CHAPTER 70
36-70-1. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the environment, and the vital areas of the state. The purpose of this chapter is to provide for local governments to serve these essential public interests of the state by authorizing and promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this chapter shall be construed liberally to achieve that end. This chapter is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
36-70-2. As used in this chapter, the term:
(1) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department.
(2) 'Coordinated and comprehensive planning' means planning by counties and municipalities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation of plans, and participation in the coordi-
nated and comprehensive planning process, as established by the Department of Community Affairs.
(3) 'County' means any county of this state. (4) 'Department of Community Affairs' means the Department of Community
Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50. (5) 'Governing body' means the board of commissioners of a county, sole commis-
sioner of a county, council, commissioners, or other governing authority for a county
or municipality. (6) 'Minimum standards and procedures' means the minimum standards and
procedures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning
process, as established by the Department of Community Affairs in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development
center for counties and municipalities within its region and approved in advance by the Department of Community Affairs.
(7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(8) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to
time by the board of the Department of Community Affairs. (9) 'Regional development center' means a regional development center established
under Article 2 of Chapter 8 of Title 50. 36-70-3. The governing bodies of municipalities and counties are authorized:
(1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan;
(2) To develop, establish, and implement land use regulations which are consistent
with the comprehensive plan of the municipality or county, as the case may be; (3) To develop, establish, and implement a plan for capital improvements which
conforms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county, as the
case may be;
(4) To employ personnel, or to enter into contracts with a regional development
center or other public or private entity, to assist the municipality or county in devel-
oping, establishing, and implementing its comprehensive plan;
THURSDAY, FEBRUARY 9, 1989
789
(5) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and
(6) To take all action necessary or desirable to further the policy of the state for coordinated and comprehensive planning, without regard for whether any such action is specifically mentioned in this chapter or is otherwise specifically granted by law. 36-70-4. (a) Each municipality and county shall automatically be a member of the regional development center for the region which includes such municipality or county, as the case may be. (b) Each municipality and county shall pay, when and as they become due, the annual dues required for membership in its regional development center. (c) Each municipality and county shall participate in compiling a Georgia data base and network, coordinated by the Department of Community Affairs, to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. 36-70-5. Nothing in this chapter shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning."
Part 5
Section 5.1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the general provisions regarding the Department of Natural Resources, is amended by adding at the end thereof a new Code Section 12-2-8 to read as follows:
"12-2-8. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this Code section is to provide for the department to serve these essential public interests of the state. This Code section shall be liberally construed to achieve its purpose. This Code section is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article IX, Section II, Paragraphs III and IV.
(b) The department is therefore authorized to develop minimum standards and procedures, in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environment, and vital areas of the state, including, but not limited to, the protection of watersheds of streams and reservoirs which are to be used for public water supply, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and implementing their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2.
(c) The minimum standards and procedures for watershed protection referred to in subsection (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and reservoirs, land development densities, and land use activities. The department may adopt differing minimum standards and procedures of watershed protection based on the size of the watershed, the size or flow volume of the stream or reservoir, and whether or not the actual use of the municipal water supply is existing or proposed.
(d) The minimum standards and procedures referred to in subsection (b) of this Code section shall also specifically include, but shall not be limited to, land use activities and development densities for the protection of ground water. The department may adopt differing minimum standards and procedures for ground-water purity protection based on the relative sizes, depths, and water volumes of various aquifers and based on
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JOURNAL OF THE HOUSE,
the relative susceptibility of ground water to contamination by various land use activities and development densities.
(e) The minimum standards and procedures referred to in subsection (b) of this Code section shall include, but shall not be limited to, land use activities, land development densities, and activities which involve alteration of wetlands. The department may adopt differing minimum standards and procedures for wetlands protection based on the size or type of wetlands, the need to protect endangered or protected species or other unusual resources, and the need for a particular land use activity which will affect a wetland."
Part 6
Section 6.1. Code Section 2-6-28 of the Official Code of Georgia Annotated, relating to the number and boundaries of soil and water conservation districts, is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows:
"(b) If two-thirds of the supervisors within each of the affected districts, each of the governing authorities of each county within any affected district, and the State Soil and Water Conservation Commission agree to the alteration of any district or the formation of any new district, the alteration or formation may be effected if all such approvals are filed with the commission along with the description of the altered boundaries or the boundaries of the new districts. The alteration of existing districts or formation of new districts may not be effected so that the boundaries of any such district will traverse the boundaries of any area planning and development commission regional development center within the district or districts. All of the property and assets of any altered district shall be distributed among the affected districts in accordance to the same ratio used in the distribution of state appropriated funds to the affected districts."
Section 6.2. Code Section 8-2-113 of the Official Code of Georgia Annotated, relating to the promulgation of rules and regulations by the commissioner of community affairs with respect to industrialized buildings, is amended by striking paragraph (10) of subsection (d) thereof and inserting in its place a new paragraph (10) to read as follows:
"(10) One member shall be from an area planning and development commission a regional development center; and".
Section 6.3. Code Section 12-3-114 of the Official Code of Georgia Annotated, relating to policies guiding the Department of Natural Resources in creating and administering the Georgia Scenic Trails System, is amended by striking paragraph (6) thereof and inserting in its place a new paragraph (6) to read as follows:
"(6) Planning and developing the system should be coordinated with the area planning and development commissions regional development centers and the Department of Community Affairs;".
Section 6.4. Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Metropolitan River Protection Act," is amended by striking paragraphs (4) through (7) of Code Section 12-5-441, relating to definitions of terms, and inserting in their respective places new paragraphs (4) through (7) to read as follows:
"(6) 'Commission' (4) 'Center' means the area planning ad development commisatoft er metropolitan area planning ad development commission regional development center created for any county or group of counties included in each such area region p50u.r"suant to the authority contained in Article 2 er 4-, respectively, of Chapter 8 of Title
"(4) (5) 'Certificate' means a building permit or other written authorization issued under this part and shall include, as a part thereof, the application and all documents supplied in support thereof and the approval by the governing authority together with any conditions thereto."
"(6) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources."
THURSDAY, FEBRUARY 9, 1989
791
"(7) 'Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The commisstort center shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the commission center deems competent."
Section 6.5. Said part is further amended by striking paragraph (13) of Code Section 12-5-441, relating to definitions of terms used in the "Metropolitan River Protection Act," and inserting in its place a new paragraph (13) to read as follows:
"(13) 'Plan' means the comprehensive plan prepared by the commission center pursuant to Code Section 12-5-443."
Section 6.6. Said part is further amended by striking Code Section 12-5-443, relating to the preparation, adoption, and revision of comprehensive land and water use plans by the commission, and inserting in its place a new Code Section 12-5-443 to read as follows:
"12-5-443. The commission center shall, consistent with the purposes of this part: (1) Prepare, adopt, and keep up to date a comprehensive, coordinated land and
water use plan for the stream corridor. The plan, as prepared and approved by the commission center, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. The plan, as adopted by the commission center, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the commission center for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The commission center may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this part. The commission center may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the commission center shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The commission center shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies;
(2) Foster and undertake such studies of water and related land resources problems in the stream corridor as are necessary in the preparation or revision of the plan;
(3) Make such rules and regulations as may be necessary to implement the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part. A copy of any rules and regulations promulgated pursuant to this paragraph by a center which is also a metropolitan area planning and development commission created pursuant to Article 4 of Chapter 8 of Title 50 shall be provided to the Georgia Senate Natural Resources Committee and the Georgia House of Representatives Natural Resources and Environment Committee; and
(4) Charge a reasonable fee to each applicant for review of any application for a certificate, which fee shall be sufficient to defray all or any portion of the administrative costs of review of the application by the commission center and of the cost to the commission center of monitoring and inspection of compliance with such certificates."
Section 6.7. Said part is further amended by striking subsections (a) and (b) of Code Section 12-5-444, relating to prohibited land and water uses, and inserting in their respective places new subsections (a) and (b) to read as follows:
"(a) (1) Pending adoption of the plan by the commission center, it shall be unlawful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will adversely affect
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JOURNAL OF THE HOUSE,
the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the commission center may, prior to the adoption of the plan by the commission center, issue a letter or written statement signed by the executive director of the commission center ruling with respect to any proposed land or water use in any political subdivision that none of the above-listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance.
(2) Pending adoption of the plan by the commission center as to any land brought within the stream corridor after March 1, 1983, it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the commission center may, prior to the adoption of the plan by the commission center as to any land brought within the stream corridor after March 1, 1983, issue a letter or written statement signed by the executive director of the commission center, ruling with respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use." "(b) (1) After adoption by the commission center of the plan or any portion thereof or any amendment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land-disturbing activity in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision issues a certificate for the proposed use pursuant to Code Section 12-5-445.
(2) The governing authority shall, before referring the application to the commiss4en center pursuant to Code Section 12-5-445, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request and as required by the plan and rules and regulations adopted pursuant to this part.
(3) Any land-disturbing activity shall be done strictly in accordance with the certificate issued under this part. Any substantial change or modification of a proposed land-disturbing activity for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part.
(4) The governing authority shall adopt ordinances, regulations, or procedures as necessary to assure that any land-disturbing activity is conducted in compliance with the plan and the certificate."
Section 6.8. Said part is further amended by striking Code Section 12-5-445, relating to the transmittal of applications, findings, and supporting documents to the commission for review, and inserting in its place a new Code Section 12-5-445 to read as follows:
"12-5-445. (a) After receipt of a complete application for a certificate, the governing authority shall transmit to the commission center a copy of such complete application and all supporting documents.
(b) (1) If, from the application or from its own investigation, the commission center
finds that there are inconsistencies between the plan and the land-disturbing activity proposed by the application, the commission center may do any one of the following:
(A) Recommend modification of the application in such manner as to be consis-
tent with the plan;
THURSDAY, FEBRUARY 9, 1989
793
(B) Make a finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(C) Recommend modification of the application in such manner that the application as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan. (2) If the commission center fails to recommend modification of the application within 60 days from submission of such application to the commission center and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate. (c) In any case where the commission center has recommended modification of an application, the governing authority may: (1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated; (2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority:
(A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the commission's center's recommendation, after giving public notice and after mailing notice to the applicant and to the commission center at least five days prior to the hearing;
(B) Gives full consideration to all comments made at the second public hearing;
(C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and
(D) Reaffirms the vote to override the commission's center's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(3) Request reconsideration of such recommendation by the commission center at a public hearing.
If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the commission center to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the commission center within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant and public notice shall be given. The commission center shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved.
(d) (1) In making the findings required by subsection (b) or by paragraph (2) of
subsection (c) of this Code section, the commission center, the governing authority,
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and the director shall follow the purposes set forth in this part and the goals set forth by the plan, as amended.
(2) Any finding by the director under paragraph (2) of subsection (c) of this Code section shall be appealable under Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act,' as are final decisions in contested cases."
Section 6.9. Said part is further amended by striking Code Section 12-5-447, relating to minimum standards for certificates and recommendations, and inserting in its place a new Code Section 12-5-447 to read as follows:
"12-5-447. Every certificate issued by a governing authority and every recommendation of the commission center, unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significant land erosion, stream bank erosion, siltation, or water pollution, shall comply with the following minimum standards:
(1) No land or water use shall be permitted in the flood plain; and (2) No land or water use shall be permitted within 150 horizontal feet of the watercourse."
Section 6.10. Said part is further amended by striking Code Section 12-5-448, relating to rights of appeal from final determinations and other actions of the commission and governing authorities, and inserting in its place a new Code Section 12-5-448 to read as follows:
"12-5-448. Any person aggrieved by any final determination, cease and desist order, other order, or other final action of the commission center or a governing authority under this part and who has exhausted any administrative remedies may take an appeal to the superior court of the county in which all or part of the land affected lies. The appeal shall be filed within 30 days from the date of the final determination, cease and desist order, other order, or other final action of the governing authority or committee of such governing authority or of the commission center. Upon failure to file an appeal within 30 days, the decision of the governing authority or committee of such governing authority or of the commission center shall be final. The appeal shall be heard by the judge of the superior court without a jury."
Section 6.11. Said part is further amended by striking subparagraph (B) of paragraph (4) of Code Section 12-5-451, relating to uses to which the provisions of the "Metropolitan River Protection Act" are inapplicable, and inserting in its place a new subparagraph (B) of paragraph (4) to read as follows:
"(B) Upon request by the owner of any land included in the stream corridor for the first time after March 1, 1983, the commission center shall make a determination whether any land or water use or land-disturbing activity on such land satisfies the conditions set forth in this subsection for exclusion from application of this part. Any such request shall be accompanied by any information concerning the land or water use or land-disturbing activity as the commission center may reasonably request. If the commission center determines that the land or water use or land-disturbing activity fails to satisfy the conditions set forth in this subsection, the commission center shall state the reasons therefor. The commission center shall be authorized to delegate this authority to its executive director. If such delegation is made, any person aggrieved by any such determination of the executive director may appeal such determination to the commission center within 30 days of the issuance of such determination; or".
Section 6.12. Said part is further amended by striking subsection (b) of Code Section 12-5-452, relating to cease and desist orders for violations of provisions of the "Metropolitan River Protection Act," and inserting in its place a new subsection (b) to read as follows:
"(b) Any land-disturbing activity in violation of this part, any rule or regulation adopted pursuant to this part, or any certificate issued pursuant to this part shall be a public nuisance; and the creation and maintenance thereof may be enjoined and abated upon an action being filed by the commission center, any political subdivision affected, the director, or any person."
THURSDAY, FEBRUARY 9, 1989
795
Section 6.13. Said part is further amended by striking subsections (b) and (c) of Code Section 12-5-453, relating to minimum requirements of local regulation of land in drainage basins, and inserting in their respective places new subsections (b) and (c) to read as follows:
"(b) If the governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations which effectively control erosion and sedimentation in a tributary, the commission center shall give written notice to the governing authority of its intent to request the director to undertake enforcement of erosion and sediment control regulations in the drainage basin of such tributary. If, after such notice from the commission center, the governing authority fails to demonstrate, to the satisfaction of the commission center, its intent and ability to enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of such tributary, the commission center shall request the director to assume enforcement of erosion and sediment control regulations in the drainage basin of such tributary."
"(c) Upon notification by the commission center of a governing authority's failure to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary or upon a determination by the director, after consultation with the commission center, that a governing authority has failed to adopt and enforce buffer area and erosion and sediment control ordinances or regulations in the drainage basin of a tributary, the director may revoke the certification of a governing authority as an issuing authority for permits required by the 'Erosion and Sedimentation Act of 1975,' for the land within the drainage basin of such tributary."
Section 6.14. Said part is further amended by striking subsections (a) and (b) and the introductory language of subsection (c) of Code Section 12-5-456, relating to notification of local authorities of violations of the "Metropolitan River Protection Act," and inserting in their respective places new subsections (a) and (b) and new introductory language in subsection (c) to read as follows:
"(a) If the commission center has reason to believe that any person is carrying out any land-disturbing activity in or on the stream corridor without a certificate pursuant to this part, in violation of the terms and conditions of a certificate issued pursuant to this part, or in any other respect in violation of this part, the commission center shall notify the governing authority of the political subdivision in which such illegal activity is taking place and shall recommend action to correct the situation. A copy of such notice to the governing authority shall be furnished to the director. If the commission center has determined that the violation requires immediate enforcement action, the notice to the governing authority shall so state."
"(b) If, after notice from the commission center, pursuant to subsection (a) of this Code section, of a violation which requires immediate enforcement action, a governing authority has failed to initiate an enforcement action or otherwise secure cessation of the violation within three business days of receipt of such notice, the commisaion center shall so advise the director."
"(c) Upon notice from the commission center pursuant to subsection (b) of this Code section of a violation of this part which requires immediate enforcement action and as to which the governing authority has failed to initiate enforcement action or otherwise secure cessation of the violation or upon a determination by the director, after consultation with the commission center, that any person is violating any provision of this part, any rule or regulation adopted pursuant to this part, or the terms and conditions of any certificate issued pursuant to this part and that the public interest requires that the state take immediate action, the director shall have the authority to employ any one or any combination of any or all of the following enforcement methods:".
Section 6.15. Code Section 31-6-43 of the Official Code of Georgia Annotated, relating to the acceptance or rejection of an application for a certificate of need, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
"(a) Each application for a certificate of need shall be reviewed by the planning agency and within ten working days after the date of its receipt a determination shall
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JOURNAL OF THE HOUSE,
be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the planning agency shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The planning agency shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed complete. The planning agency shall also notify the appropriate area planning and development commission regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules governing the preparation and submission of applications, the planning agency shall notify the applicant in writing and provide a list of all deficiencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a newspaper of general circulation in the county in which the project shall be developed that the application has been so declared. The planning agency shall also notify the appropriate area planning ad development commission regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the planning agency a significant amendment is filed."
Section 6.16. Said Code section is further amended by striking subsection (g) thereof and inserting in its place a new subsection (g) to read as follows:
"(g) The planning agency shall, no later than 90 days after an application is declared complete for review, or in the event joinder is ordered pursuant to subsection (d) of this Code section, then 90 days after the last joined application is declared complete for review, provide written notification to an applicant of the planning agency's decision to issue or to deny issuance of a certificate of need for the proposed project. In the event the planning agency has extended the review period pursuant to subsection (c) of this Code section, then the planning agency shall provide such written notification within 120 days after the application, or the last application joined pursuant to subsection (d) of this Code section, was declared complete for review. Such notice shall contain the planning agency's written findings of fact and decision as to each applicable consideration or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each applicant. The planning agency shall also mail such notification to the appropriate area planning and development commission regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effective on the day of the decision unless the decision is appealed to the review board in accordance with this chapter."
Section 6.17. Code Section 32-9-1 of the Official Code of Georgia Annotated, relating to financial support and project grants for research, programs, and purchases, is amended by striking subsection (b) and paragraph (1) of subsection (c) and inserting in their respective places a new subsection (b) and a new paragraph (1) of subsection (c) to read as follows:
"(b) Subject to general fund appropriations for such purposes and any provisions of Chapter 5 of this title to the contrary notwithstanding, the department is authorized, within the limitations provided in paragraphs (1) and (2) of this subsection, to provide to municipalities, counties, area planning and development commissions regional development centers, authorities, state agencies, and public and private mass transportation operators:
(1) Financial support for research concerning mass transportation, by contract or otherwise; and
(2) Project grants to supplement federal, local, or federal and local funds for use:
THURSDAY, FEBRUARY 9, 1989
797
(A) In providing for studies, analyses, and planning and development of programs for mass transportation service and facilities;
(B) In providing for research, development, and demonstration projects in all phases of mass transportation;
(C) In providing for programs designed solely to advertise, promote, and stimulate the development and use of mass transportation facilities; and
(D) In providing for the purchase of facilities and equipment, including rolling stock, used or to be used for the purpose of mass transportation." "(1) The governing bodies of municipalities, counties, area planning satd development commissions regional development centers, authorities, state agencies, and public and private mass transportation operators may, by formal resolution, apply to the department for financial support and project grants provided by this Code section."
Section 6.18. Code Section 44-3-3 of the Official Code of Georgia Annotated, relating to registration statements under the "Georgia Land Sales Act of 1982," is amended by striking subparagraph (R) of paragraph (3) and inserting in its place a new subparagraph (R) to read as follows:
"(R) If the state, county, or municipality in which the subdivision is located has a planning and zoning ordinance in effect, a certificate of approval or compliance from the local governing authority stating that the subdivision is in compliance with the applicable ordinance or, if the state, county, or municipality in which the subdivision is located has no planning and zoning ordinance in effect, a certificate of approval from the appropriate area planning an4 development commission regional development center;".
Section 6.19. Code Section 45-12-172 of the Official Code of Georgia Annotated, relating to the duty of the Office of Planning and Budget to review and comment on proposed development programs and to serve as liaison with levels of government, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) Reviewing and commenting upon the interrelationship with state planning of all applications for federal financial assistance by units of local government and local public agencies, area planning and development commissions regional development centers, and state agencies; and, where appropriate, reviewing and commenting to appropriate federal or state agencies that such proposed programs satisfy the requirements of or are not inconsistent with state law or with state and area forecasts and development programs or other state policies; and".
Section 6.20. Code Section 49-8-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in "The Economic Rehabilitation Act of 1975," is amended by striking paragraph (2) and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Community action agency' means a public or private nonprofit agency recognized as a community action agency by the Community Services Administration on January 1, 1975, and also designated and recognized by the state or a county or comparable unit of general local government having a population of 100,000 or more persons or by a combination of local governments within any Area Planning ad Development Commission (APDC) regional development center boundary in this state."
Section 6.21. Code Section 49-8-5 of the Official Code of Georgia Annotated, relating to the distribution of funds under "The Economic Rehabilitation Act of 1975," is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Moneys appropriated for the purposes of this chapter shall be allocated by contract with community action agencies. Such allocations shall be approved by the director only upon the submission of a proposal prepared by the agency and approved by the local governing authority or combination of authorities within a Area Planning antl Development Commission boundary a regional development center."
Section 6.22. Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, is amended
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JOURNAL OF THE HOUSE,
by striking Code Section 50-8-81, relating to legislative intent, and inserting in its place a new Code Section 50-8-81 to read as follows:
"50-8-81. It is in the public interest to create an agency composed of officials of political subdivisions and private citizens to coordinate planning and development within each area of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census; to designate the agency as the area planning and development commission regional development center under Article 2 of this chapter to make the agency the official metropolitan agency for comprehensive research, study, advice, and review concerning area plans; to improve relationships between political subdivisions and public agencies within areas; and to provide policy direction for the solution of common problems through short and long-range comprehensive planning within areas."
Section 6.23. Said article is further amended by striking Code Section 50-8-83, relating to powers, duties, and obligations of a commission, and inserting in its place a new Code Section 50-8-83 to read as follows:
"50-8-83. A commission shall be, for its area, tat area planning and development commission a regional development center as defined in and with all the powers, duties, and obligations of an area planning and development commission a regional development center set forth in Article 2 of this chapter and any other law of general application pertaining to area planning and development commissions en July 17 1071 regional development centers on July 1^ 1989; and in addition shall have all of the other powers, duties, and obligations set forth in this article."
Section 6.24. Article 5 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to rural economic development, is amended by striking Code Section 50-8-121, relating to the designation of planning and development areas as rural economic development areas, and inserting in its place a new Code Section 50-8-121 to read as follows:
"50-8-121. Each area planning and development commission regional development center of this state, except the regional development center which is also the metropolitan area planning and development commission provided for in Article 4 of this chapter, shall constitute a rural economic development area for the purposes of this article."
Section 6.25. Said article is further amended by striking subsections (a) and (c) of Code Section 50-8-122, relating to studies for proposed projects, and inserting in their respective places new subsections (a) and (c) to read as follows:
"(a) The atea planning and development commission regional development center of each rural economic development area provided for in Code Section 50-8-121 may conduct a study for proposed major economic development projects within its respective rural economic development area. The study shall utilize the most recent economic information available."
"(c) Funds for studies provided for in this Code section shall come from funds appropriated to the Department of Community Affairs specifically for such purpose. The department, in consultation with state agencies, local governments, area planning and development commissions regional development centers, local development organizations, and others, shall establish guidelines for the distribution of funds to carry out the studies provided for in this Code section and shall establish guidelines for the preparation of economic development project studies. Such guidelines shall be approved by the Board of Community Affairs."
Section 6.26. Said article is further amended by striking subsections (a) and (b) of Code Section 50-8-123, relating to the recommendation, approval, funding, and implementation of projects, and inserting in its place new subsections (a) and (b) to read as follows:
"(a) Each rural economic development area may submit to the Department of Community Affairs proposed economic development projects by January 1, 1989. All proposed projects shall be endorsed by the appropriate local government and shall be
THURSDAY, FEBRUARY 9, 1989
799
evaluated for funding based upon rating and selection criteria prepared by the department in consultation with state agencies, local governments, area planning and development commissions regional development centers, local development organizations, and others. Such criteria shall be approved by the Board of Community Affairs."
"(b) The department shall be authorized to expend funds available to the department under subsection (c) of this Code section to assist in the implementation of projects approved under the procedures outlined in this Code section. In carrying out the intent of this Code section, the Department of Community Affairs, state agencies, area planning and development commissions regional development centers, local governments, local development organizations, and other agencies or organizations receiving funding from the department are authorized to incorporate other public or private funds into project budgets needed to assure the feasibility of proposed economic development projects authorized under this article."
Section 6.27. Code Section 50-8-190 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Mapping and Land Records Modernization Advisory Board, is amended by striking subparagraph (c)(l)(H) and inserting in its place a new subparagraph (c)(l)(H) read as follows:
"(H) The Area Planning and Development Commiaaions Regional Development Centers;".
Section 6.28. Code Section 50-8-191 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Mapping and Land Records Modernization Advisory Board, is amended by striking paragraphs (2), (3), and (6) and inserting in their respective places new paragraphs (2), (3), and (6) to read as follows:
"(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 a regional development center. The major product of the pilot programs will be procedural guidelines for the modernization of land records in Georgia;"
"(3) To encourage cost savings due to the coordination of data acquisition and data exchange among the federal government, local governments, area planning stftd development commissions regional development centers, the private sector, and various agencies of state government;"
"(6) To contract with state agencies, federal agencies, local governments, eoesi planning and development commissions regional development centers, units of the University System of Georgia, as well as private persons and corporations to conduct technical studies and other work."
Section 6.29. Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definitions of terms, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Nonprofit contractor' means any individual, partnership, corporation, association, organization, or similar entity which contracts with and receives public funds from a state agency to provide services on a nonprofit basis. The term 'nonprofit contractor' includes only those entities which do not distribute any part of their income or profit to members, directors, officers, or any other private person. The term 'nonprofit contractor' shall not include authorities, nonprofit hospitals, nonprofit nursing homes, statewide associations of local governments, any educational institution of higher learning located in this state and accredited by the Southern Association of Colleges and Schools, any nonprofit organization which, during the applicable fiscal year of the organization, does not receive more than a total of $5,000.00 from all state agencies combined, the federal government, state or local governments, or school systems or their agencies, but shall include area planning and development commissions (APDC's) regional development centers and community action agencies. If a state agency contracts with a unit in this state of a national or multistate organization, the state unit shall be considered the nonprofit contractor for the purposes of this chapter."
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JOURNAL OF THE HOUSE,
Section 6.30. Code Section 50-20-4 of the Official Code of Georgia Annotated, relating to the prohibition against a nonprofit contractor receiving state funds under certain circumstances, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) The prohibition referred to in subsection (a) of this Code section against receiving funds from any state agency shall not apply to grants to cooperative education regional educational service agencies (GBSA's) under Code Section 20-2-208 Part 11 of Article 6 of Chapter 2 of Title 20 or to HUD-701 planning grants to area planning ad development commissions regional development centers."
Part 7
Section 7.1. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop N Bostick Y Branch N Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert
Coleman N Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H N Dixon.S Y Dobbs N Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd N Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong NLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Meadows
Y Milam
Y Mobley
Y Moody
Y Moore
Y Morton
Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
Y Orr
Orrock
Y Padgett
Y Pannell
Y Parham
Y Parrish
Y Patten
Y Pettit
Y Pinkston
YPoag
Y Porter
Y Poston N Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson N Ricketson Y Robinson Y Royal
Y Selman
Y Simpson
Y Sinkfield N Smith,L Y Smith.P N Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend N Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 155, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Coleman of the 118th and McKinney of the 35th 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 Davis of the 45th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
THURSDAY, FEBRUARY 9, 1989
801
The following Resolution of the House was read and adopted:
HR 245. By Representatives Padgett of the 86th, Connell of the 87th and Beck of the 148th:
A resolution commending Honorable Frank C. Pinkston on the occasion of his birthday.
The Speaker announced the House in recess until 2:00 o'clock this afternoon.
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JOURNAL OF THE HOUSE,
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 246. By Representative McDonald of the 12th: A resolution paying tribute to Honorable J. L. McMullan.
HR 247. By Representative McDonald of the 12th: A resolution commending Honorable Harold Fletcher.
HR 248. By Representative McDonald of the 12th: A resolution commending Mr. Malcolm O. Morton.
HR 249. By Representative McDonald of the 12th: A resolution commending Honorable Cecil Bray.
HR 250. By Representative McDonald of the 12th: A resolution commending Dr. William Horace Sell.
HR 251. By Representative McDonald of the 12th: A resolution commending Robert E. Farmer.
HR 252. By Representative Herbert of the 76th: A resolution recognizing "Vocational Education Week".
HR 253. By Representative Herbert of the 76th: A resolution congratulating Mr. Emmitt Edward Chappell on his long and prosperous life.
HR 254. By Representatives Cummings of the 17th, Parrish of the 109th, Gresham of the 21st, Townsend of the 24th, Clark of the 13th and Davis of the 45th: A resolution commending Paul T. Hardy.
HR 255. By Representatives Cummings of the 17th, Parrish of the 109th, Buck of the 95th, Murphy of the 18th, Connell of the 87th and others: A resolution expressing regrets at the passing of Mr. Abraham Domain.
HR 256. By Representatives Cummings of the 17th, Parrish of the 109th, Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others: A resolution commending Mr. Rudolph Johnson.
HR 257. By Representatives Cummings of the 17th, Parrish of the 109th, Gresham of the 21st, Townsend of the 24th, Clark of the 13th and Davis of the 45th: A resolution commending Mary E. Stakes.
THURSDAY, FEBRUARY 9, 1989
803
HR 258. By Representatives Byrd of the 153rd, Moody of the 153rd, Groover of the 99th, Murphy of the 18th, Connell of the 87th and others: A resolution expressing regret at the passing of Honorable Robert L. Harrison, Sr.
HR 259. By Representatives Brooks of the 34th and Williams of the 54th: A resolution expressing regret at the passing of Mr. Q. P. Jones, Sr.
HR 260. By Representatives Stephens of the 68th, Thurmond of the 67th, Mobley of the 64th, Carrell of the 65th, Stancil of the 66th and Irwin of the 13th:
A resolution commending the University of Georgia football team.
HR 261. By Representatives Isakson of the 21st Aiken of the 21st, Gresham of the 21st, Wilder of the 21st and Atkins of the 21st:
A resolution commending the Sope Creek Elementary School.
HR 262. By Representative Thomas of the 31st: A resolution expressing sympathy at the passing of Shirley Fambro.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 263. By Representative Bostick of the 138th:
A resolution commending Mr. Larry Wayne Bussey and inviting him to appear.
Under the general order of business, established by the Committee on Rules the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 344. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and low-voltage contractors, so as to require applicants for licensure who fail the examination twice to present evidence of completion of a review course before being admitted to a third examination.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Baker Balkcom
Bannister Y Barfoot
Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield
YBenn
Birdsong
Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck
Buford
YByrd Y Carrell
Carter Chambless Y Chance Y Cheeks N Childers Y Clark,B
Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Crawford
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JOURNAL OF THE HOUSE,
Crosby Cummings,B Cummings,M Y Davis.C Y Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Dover Dunn Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y God bee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin
Isakson Y Jackson,J
Jackson,W Jamieson Y Jenkins Y Johnson Y Jones Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Lawson YLee Y Under Long
YLord Y Lucas Y Lupton
Mangum Martin Y McCoy McDonald Y McKelvey McKinney,B
Y McKinney.C Meadows
Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten
Y Pettit Pinkston
N Poag Porter
Y Poston Y Powell
Rainey Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Sinkfield Smith.L Y Smith,? Smith.T Y Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele
Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond N Titus
Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Ware Watson Y Watts White Wilder Y Williams.B Williams.J Y Yates Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 110, nays 3. The Bill, having received the requisite constitutional majority, was passed.
Representative Carter of the 146th 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 220. By Representatives Coleman of the 118th, Royal of the 144th and Crosby of the 150th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use taxation, so as to specify certain circumstances under which a tax shall be levied in certain special districts; to provide that under such circumstances certain past noncompliance with certain procedures shall not affect the levy of the tax.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams
Aiken Alford Y Alien Y Athon Y Atkins Y Bailey Baker Balkcom Bannister Y Barfoot Bargeron Y Barnett.B
Barnett.M Y Beck Y Benefield
Y Benn
Birdsong
Bishop
Y Bostick
Y Branch Breedlove Brooks Brown
YBuck Y Buford YByrd Y Carrell
Carter
Chambless
Y Chance
Y Cheeks
Y Childers
Y Clark.B
Y Clark.H
Y Clark.L Colbert
Y Coleman
Y Colwell
Connell
Y Couch
Cox
Y Crawford
Crosby Cummings,B Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs
Dover Dunn Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Kilgore
THURSDAY, FEBRUARY 9, 1989
805
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton
Mangum Martin Y McCoy McDonald Y McKelvey McKinney.B
Y McKinney.C Meadows
Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie
Mueller Oliver.C Y Oliver.M Y Orr Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell
Y Rainey Randall
Y Ransom Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele
Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus
Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams,J Y Yates Yeargin Murphy.Spta
On the passage of the Bill, the ayes were 123, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Bannister of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 421. By Representatives Jackson of the 9th, Murphy of the 18th, Coleman of the 118th, Orr of the 9th, Lawson of the 9th and others:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, so as to change the provisions relative to the preparation of said equalized adjusted school property tax digest by the state auditor.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, so as to change the provisions relative to the preparation of said equalized adjusted school property tax digest by the state auditor; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the equalized adjusted school property tax digest, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 48-5-274 to read as follows:
"48-5-274. (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. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as he deems is deemed 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
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JOURNAL OF THE HOUSE,
exempted from taxation for school purposes and of railroad equipment company property shown on the county 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 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 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 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 ad 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 established 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 each county. When any county digest submitted
percent or more from tnc digest of tnc year tt\ wnicn tne last ratio was established tor that county ifl accordance with paragraph {&) ef subsection {a) ef this Code section, the state auditor, in accordance with the procedures prescribed in this Code section, shall
(d) On or before November 15 in of each year, the state auditor shall furnish to the State Board of Education the sum ef the current equalized adjusted school property tax digest of each county in the state and the sum ef the current equalized adjusted school property tax digest for the state as a whole. As te those counties In any county which have has more than one school system located in the county, the state auditor shall furnish the State Board of Education a breakdown of the current county equalized adjusted school property tax digest showing the amount of the digest applicable to property located within each of the school systems located within the county. At the same time, the state auditor shall furnish the governing authority of each county, the governing authority of each municipality having an independent school system, the local board of
THURSDAY, FEBRUARY 9, 1989
807
education of each county, the local board ef education ef each independent school system, the tax commissioner or tax collector of each county, and the board of tax assessors of each county the gum ef the current equalized adjusted school property tax digest of the county or the independent local school system ai-ea or systems, as the case may be, and the sum of the current equalized adjusted school property tax digest for the state as a whole.
(e) (1) Each county governing authority, each governing authority of a municipality having an independent school system, and each county, area, or independent local board of education, when aggrieved or when having an aggrieved constituent, shall have a right, upon written request made within 30 days after receipt of the digest information, to refer the question of correctness of the sum ef the current equalized adjusted school property tax digest of the county or independent local school system area to the state auditor. The state auditor shall take any steps necessary to make a speedy determination of the correctness of the digest and to notify all interested parties of his the determination within 45 days after receiving the request questioning the correctness of the digest.
(2) (A) If any party questioning the correctness of the digest is dissatisfied with the determination made by the state auditor pursuant to paragraph (1) of this subsection, the party shall have the right, which must be exercised within 15 days after being notified of the determination made by the state auditor, to refer in writing the question of the correctness of the digest to a board of arbitrators.
(B) Each board of arbitrators shall consist of three members, one to be chosen by the state auditor, one to be chosen by the complaining party requesting the arbitration, and one to be chosen within 15 days after selection of the first two members by the first two members of the board. In the event the two arbitrators cannot agree on a third member, the Chief Justice of the Supreme Court of Georgia shall appoint the third member upon petition of either party with notice to the opposing party.
(C) The board of arbitrators or a majority of the board within 30 days after appointment of the full board shall render its decision regarding the correctness of the sum ef the digest in question and, if correction of the digest is required, regarding the extent and manner in which the sum ef the digest should be corrected. The decision of the board shall be final.
(D) The state auditor shall correct the digest in question in accordance with the decision of the board of arbitrators and shall report the corrections to the parties entitled to receive such information under this Code section.
(E) Each member of the board of arbitrators shall take and subscribe to an oath before the state auditor to perform faithfully and impartially the duties required ef hB in connection with the controversy concerning the correctness of the sum ef- the digest in question and to render his a decision en the questions within the time required. Each member of the board of arbitrators shall be paid a sum not to exceed $100.00 $250.00 per day for services rendered. All costs of arbitration of matters arising under this Code section shall be shared and paid equally by the Department of Audits and Accounts and by the governing authority of the local board of education requesting the arbitration. (3) Upon receiving notice that the sum ef the current equalized adjusted school property tax digest of any county ef independent local school system is being questioned pursuant to paragraph (1) of this subsection, the state auditor shall notify the State Board of Education that the digest is being questioned. No computations shall be made on the basis of a questioned digest under Article 6 of Chapter 2 of Title 20, the 'Adequate Program f-er Quality Basic Education in Georgia Act,' until the digest has been corrected, if necessary, pursuant to this subsection. (f) The commissioner shall provide to the state auditor such digest information as is needed in the calculation of the equalized adjusted school property tax digests. Such information shall be provided for each county and for each local school system. For independent school systems in municipalities authorized to assess property in excess of 40 percent of fair market value pursuant to Code Section 48-5-7, the commissioner shall provide digest information to the state auditor at the assessment ratios utilized by both
808
JOURNAL OF THE HOUSE,
the municipal government and the county government or governments in which the municipality is located. If revision is made to the digest of any county or any portion of' a county comprising a ]ocal school system following the initial reporting of the digest to the state auditor, the commissioner shall report any such revision to the state auditor."
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 Abernathy Y Adams
Aiken Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Barnett,M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breed love Y Brooks Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs
Dover Dunn Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C Meadows
Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Or
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom
Ray Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P
Smith,T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele
Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 201. By Representatives Dobbs of the 74th, Lane of the lllth, Porter of the 119th, Crosby of the 150th, Robinson of the 96th and others:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, so as to define certain terms; to require disclosures to insureds; to require identification on nonoriginal equipment manufacturer aftermarket crash parts.
The following Committee substitute was read:
THURSDAY, FEBRUARY 9, 1989
809
A BILL
To amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, so as to define certain terms; to require disclosures to insureds; to require identification on nonoriginal equipment manufacturer aftermarket crash parts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the transaction of insurance, is amended by striking paragraphs (11) and (12) of Code Section 33-6-5, relating to unfair methods of competition and unfair or deceptive acts in the transaction of insurance, and inserting new paragraphs (11), (12), and (13) to read as follows:
"(11) Each insurer which acquires a salvage motor vehicle, as defined in Code Section 40-3-2, shall, within 15 days of acquisition, apply for a salvage certificate of title, and no insurer shall sell, convey, or transfer any such salvage motor vehicle without first applying for and obtaining a salvage certificate of title; and
(12) No insurer shall cancel an entire line or class of business unless the insurer demonstrates to the satisfaction of the Commissioner that continuation of such business would violate the provisions of this title or would be hazardous to its policyholders or the public; and r
(13) (A) As used in this paragraph, the term: (i) 'Aftermarket crash part' means a replacement for any of the nonmechanical
sjieet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
(ii) 'Insurer' includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority.
(iii) 'Nonoriginal equipment manufacturer aftermarket crash part' means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his supplier.
(iv) 'Repair facility' me^ans a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle. (B) Any aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1990, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer's logo, identification number, or name shall be visible after installation whenever practicable. (C) in all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs the written estimate prepared by the insurance adjuster and repair facility shall clearly identify each such part. A disclosure document attached to the estimate shall contain the following information in no smaller than ten-point type: THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE."'
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Dobbs of the 74th moves to amend the Committee substitute to HB 201 as follows:
Insert on line 6, page 3 between the words "of" and "crash" the word "aftermarket".
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JOURNAL OF THE HOUSE,
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 115, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 485. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current payment of income taxes, so as to change and correct a date in the table of times for installment payments of estimated taxes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 481. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of the 'Georgia Public Revenue Code,' so as to provide for service of notices of assessments and notices of proposed assessments by first-class mail to the address shown on the records of the department.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 483. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
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; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 9, 1989
811
HR 76. By Representative Isakson of the 21st: A resolution compensating G. Douglas Fuller and Alice K. Fuller.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 76 by striking on line 44, p. 1 and line 55, p. 1 the figure $1,336.06 and inserting in lieu thereof the figure $250.00.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 114, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 140. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide exemptions for such authorities from the requirements of Article 4 of Chapter 18 of Title 50, relating to open meetings; to provide for such exemptions to be comparable to those exemptions granted such authorities in Chapter 14 of Title 50, relating to open records.
The following Committee substitute was read and adopted:
A BILL
To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that hospital authorities shall not be required to disclose or make public certain potentially commercially valuable information; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records for which public disclosure is not required, so as to delete certain provisions relating to certain records of hospital authorities; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by inserting immediately following Code Section 31-7-75.1 a new Code Section 31-7-75.2 to read as follows:
"31-7-75.2. Notwithstanding any other provision of law to the contrary, no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the authority and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by the hospital authority governing board. Except as provided in this Code section or as otherwise provided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50."
Section 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records for which public disclosure is not required, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
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JOURNAL OF THE HOUSE,
"(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 te any ef Jthe following: planning for ittttH'fe ftc(jy~}sition of real property \ marKctmgj tnc potential expansion ot health
agencyi tne promotion or Quality assurance, peer review, and security systcmsj tnc investigation of potential claims; of 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."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron N Abernathy
Y Adams N Aiken
Alford Y Alien Y Athon N Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfout Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick N Branch N Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chamhless
Y Chance Y Cheeks Y Childers N Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Couch
Cox
Y Crawford N Crosby Y Cummings,B
Cummings.M Y Davis.C Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards N Ehrhart Y Felton Y Fennel
Y Floyd N Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham N Griffin
Y Groover Hamilton
Y Manner N Harris
Y Hasty Y Heard
Herbert Y Holcomb N Holland Y Holmes
Hooks N Howren
Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson,W Y Jamieson N Jenkins N Johnson Y Jones Y Kilgore N Kingston Y Lane.D Y Lane.R N Langford N Lawrence Y Lawson YLee N Linder
YLong Lord
Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney,B
N McKinney.C Meadows
Y Milam Y Mobley Y Moody N Moore N Morton Y Moultrie N Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett N Pannell
Y Parham Y Parrish Y Patten
Pettit Pinkston
NPoag Y Porter Y Poston N Powell
N Rainey Randall
Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield N Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs N Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts N White N Wilder N Williams.B
Williams,J
N Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 121, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
THURSDAY, FEBRUARY 9, 1989
813
By unanimous consent, HB 140, by substitute, was ordered immediately transmitted to the Senate.
HB 403. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise substantially certain provisions relating to restrictions on campaign activities and public opinion polling within the vicinity of polling places or municipal polling places; to change the provisions specifying where such conduct shall be prohibited.
The following amendment was read:
Representatives Walker of the 115th and Holmes of the 28th move to amend HB 403 as follows:
By adding a new Code section immediately following Code Section 21-2-409, to be designated Code Section 21-2-409.1, to read as follows:
"21-2-409.1. In each precinct which contains more than 2,000 electors, each elector who is 65 years of age or older or who is handicapped and requires assistance in voting as authorized by Code Section 21-2-409, shall, upon request to a poll officer, be authorized at any primary or election to vote immediately at the next available voting compartment or booth without having to wait in line and notice of the provisions of this Code section shall be prominently displayed in the voting place."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams N Aiken
Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks N Childers Y Clark.B
N 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.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty
N Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Jenking Y Johnson Y Jones Y Kilgore N Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong Y Lord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C
Meadows Y Milam
Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall N Ransom N Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith,?
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J N Yates Y Yeargin
Murphy ,Spkr
814
JOURNAL OF THE HOUSE,
On the adoption of the amendment, the ayes were 152, nays 8. The amendment was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams N Aiken
Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G N Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin
Green Y Greene
Gresharn Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks N Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Meadows
Y Milam Y Mobley Y Moody
Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall N Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P N Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
Y White Y Wilder Y Williams.B
Williams,J Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 159, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 263. By Representatives Rainey of the 135th, Smith of the 156th, Fennel of the 155th, Moody of the 153rd and Titus of the 143rd:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to include marinas within the definition of a project; to delete a reference to certain counties and municipalities; to delete a listing of specific counties in which the powers granted may be exercised.
The report of the Committee, which was favorable to the passage of 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 Abernathy
Y Adams
Y Aiken Alford
Y Alien
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B
THURSDAY, FEBRUARY 9, 1989
815
Y Barnett.M YBeck
Y Benefield
YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Y Couch
Cox
Y Crawford
Y Crosby Y Cummings.B
Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson
Y Irwin Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C
Meadows Y Milam
Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,.) Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 264. By Representatives White of the 132nd, Walker of the 85th, Randall of the 101st, Bishop of the 94th, Baker of the 51st and others:
A resolution inviting Dr. and Mrs. William H. "Bill" Cosby, Jr., to appear before the House of Representatives.
Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks 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 630 Do Pass, by Substitute HB 734 Do Pass
Respectfully submitted, /s/ Rainey of the 135th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
816
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 448 Do Pass, by Substitute HB 637 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 399 Do Pass
Respectfully submitted, /s/ Dixon of the 151st
Chairman
Representative Kilgore of the 42nd District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 53 Do Pass, by Substitute HB 431 Do Pass, by Substitute
Respectfully submitted, /s/ Kilgore of the 42nd
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.
FRIDAY, FEBRUARY 10, 1989
81",
Representative Hall, Atlanta, Georgia Friday, February 10, 1989
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. James N. Staubes, Pastor, Windsor First Baptist Church, Savannah, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 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 740. By Representative Walker of the 115th: A bill to amend an Act reincorporating and providing a new charter for the City of Perry, so as to change provisions relative to the adoption of ordinances.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 741. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th: A bill to amend an Act creating the State Court of Houston County, so as to change provisions relating to the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
818
JOURNAL OF THE HOUSE,
HB 742. By Representative Walker of the 115th:
A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions designating the location of the principal office or residence of the Municipal Gas Authority of Georgia from Fulton County to either Fulton County or any county contiguous to Fulton County.
Referred to the Committee on State Planning & Community Affairs.
HB 743. By Representative McDonald of the 12th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction.
Referred to the Committee on Judiciary.
HB 746. By Representatives Hasty of the 8th and Stancil of the 8th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide for the use of individual aerobic waste-water treatment plants instead of septic tanks under certain conditions; to provide for the authority of the Department of Human Resources and county boards of health with regard to such plants.
Referred to the Committee on Health & Ecology.
HB 747. 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 tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 748. By Representative Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners for Baker County, so as to authorize and empower the board of commissioners to employ and fix the compensation of a clerk of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 749. By Representatives Balkcom of the 140th, Reaves of the 147th, Moore of the 139th, Branch of the 137th, Chance of the 129th and others:
A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to repeal and replace the "Georgia Plant Food Act of 1970"; to provide for a short title; to provide for definitions; to provide for enforcement; to provide for the licensing of distributors of fertilizers, plant foods, and plant nutrients.
Referred to the Committee on Agriculture & Consumer Affairs.
FRIDAY, FEBRUARY 10, 1989
819
HB 750. By Representatives Holcomb of the 72nd, Jackson of the 9th, Lee of the 72nd, Benefield of the 72nd, Davis of the 72nd and others:
A bill to amend Code Section 40-14-7 of the Official Code of Georgia Annotated, relating to requirements for the use of speed detection devices by county or municipal law enforcement officers; so as to change the distance from which speed detection devices must be visible to approaching motorists; to provide that speed detection devices may not be used by county or municipal law enforcement officers during certain hours.
Referred to the Committee on Public Safety.
HB 751. By Representatives Selman of the 32nd, Hooks of the 116th, Parham of the 105th, Hudson of the 117th, Clark of the 55th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for the comprehensive regulation of nursing pools; to provide for definitions; to provide for licensure of nursing pools; to provide for minimum standards of care and services with respect to nursing pools.
Referred to the Committee on Health & Ecology.
HB 752. By Representative Parrish of the 109th:
A bill to amend Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, so as to authorize certain members to transfer their membership to the Employees' Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 753. By Representative Parrish of the 109th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave.
Referred to the Committee on Retirement.
HB 754. By Representative Parrish of the 109th:
A bill to amend Code Section 47-2-163 of the Official Code of Georgia Annotated, relating to the provision of the Employees' Retirement System of Georgia authorizing survivors benefits for members of the General Assembly, so as to change the provisions relating to such coverage for survivors benefits.
Referred to the Committee on Retirement.
HB 755. By Representative Parrish of the 109th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain active duty military service.
Referred to the Committee on Retirement.
820
JOURNAL OF THE HOUSE,
HB 756. By Representative Parrish of the 109th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for court officials of Georgia; to provide for a short title; to provide for definitions; to provide for a board of trustees and for its powers and duties; to provide for the membership of the retirement system.
Referred to the Committee on Retirement.
HB 759. By Representatives Moultrie of the 93rd and Steele of the 97th:
A bill to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so as to provide for prior written notice to be given when an insurer terminates the certificate of authority of a property, casualty or surety agent.
Referred to the Committee on Insurance.
HB 760. By Representatives Hanner of the 131st and Holland of the 136th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 761. By Representative Parrish of the 109th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to clarify the provisions relating to the determination of average final compensation.
Referred to the Committee on Retirement.
HB 762. By Representatives Walker of the 85th and Padgett of the 86th:
A bill to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to prohibit any person from manufacturing, storing, selling, using, or distributing for sale or use any cleaning agent containing phosphorus.
Referred to the Committee on Industry.
HB 763. By Representative Stancil of the 66th:
A bill to repeal an Act known as the "Oconee Utility Authority Act" (formerly the "Oconee County Public Utility Authority Act"), to provide for the disposition of all of the property, whether real, personal, tangible, intangible, or otherwise, of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.
FRIDAY, FEBRUARY 10, 1989
821
HB 764. By Representatives Parrish of the 109th, Parham of the 105th and Moore of the 139th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to the effects of convictions for certain crimes on membership in public retirement systems, so as to provide that no person who commits or conspires to commit the murder or voluntary manslaughter of a member, retiree, or beneficiary under a public retirement system shall receive a refund of contributions or any benefit.
Referred to the Committee on Retirement.
HB 765. By Representatives Lord of the 107th, Bailey of the 72nd, Holland of the 136th, Bargeron of the 108th, Branch of the 137th and others:
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 provide that certain license plates shall be printed in red, white, and blue colors.
Referred to the Committee on Motor Vehicles.
HB 766. By Representatives Athon of the 57th, Moore of the 139th, Watts of the 41st and Edwards of the 112th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the classification, testing, and assessment of personnel under the "Quality Basic Education Act," so as to change the provisions relating to the assessment of teachers.
Referred to the Committee on Education.
HB 767. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 244. By Representative Parham of the 105th: A resolution creating the House Catering Business Study Committee.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the committee:
HR 266. By Representative Baker of the 51st: A resolution compensating Mrs. Willie Mae Woodard.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 729 HB 730 HB 731
HB 732 HB 733 HB 736
822
JOURNAL OF THE HOUSE,
HB 737 HB 738 HB 739 HB 744 HB 745 HB 757 HB 758 HR 240
HR 241 HR 242 HR 243 HR 265 SB 153 SB 232 SB 249
Representative Holmes of the 28th 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 239 Do Pass, by Substitute HB 343 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 194 Do Pass HB 659 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th 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 718 Do Pass HB 722 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
FRIDAY, FEBRUARY 10, 1989
823
HOUSE RULES CALENDAR FRIDAY, FEBRUARY 10, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:
HB 53 HB 345 HB 367 HB 368 HB 404 HB 431 HB 472
Highways: Length of Vehicles and Semi-Trailers Water Control: Discharges of Pollutants: Regulations Workers' Comp.: Securities Deposit or Surety Bond Employment Security: Payments Made During Temporary Layoff Electors: Proper Identification for Registration Highways: Length and Load of Vehicle: Limits Corporate Officers and Employees: Insurable Interest
HR 162 Access to Health Care Commission: Create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 718. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th, Baker of the 51st, Lawrence of the 49th 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.
Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bill of the House was taken up for consideration and read the third time:
HB 722. By Representatives Richardson of the 52nd, Oliver of the 53rd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others:
A bill to provide for the deferral of City of Decatur ad valorem taxes for certain elderly persons; 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 roll call was ordered and the vote was as follows:
Y Aaron
Abernathy Adams Y Aiken Y Alford Y Alien
Y Athon
Y Atkins
Y Bailey Y Baker Y Balkcom
Bannister
Y Barfoot Bargeron
Y Barnett.B
Y Barnett,M
YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick
Y Branch
Y Breedlove
Brooks Y Brown Y Buck
Y Buford
Byrd Y Carrell
824
JOURNAL OF THE HOUSE,
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
Couch Cox Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Hasty Y Heard Y Herbert Y Holcomb
Holland Holmes Y Hooks Y Howren Hudson Y Irwin Y Isakson Y Jackson,J Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald McKelvey McKinney.B McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Oliver.C Oliver.M YOrr
Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
Ray Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Smith.T Y Smith.W Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley
Steele Stephens Y Teper Thomas.C Thomas,M Y Thompson Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Waddle Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White Wilder Y Williams.B Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.
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 266. By Senator Deal of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amended, so as to change the compensation provisions relating to the judge and the solicitor of said court; to provide an effective date.
HB 454. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act incorporating the City of Toccoa, so as to change the provisions relating to the election and taking of office of the city commis-
HB 523. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
HB 528. 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 amount of expenses to be received by the coroner.
FRIDAY, FEBRUARY 10, 1989
825
HB 536. By Representative Connell of the 87th:
A bill to amend an Act creating the Augusta Ports Authority, so as to change the definition of the term "project"; to change the provisions relating to powers of the authority.
HB 558. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Gainesville, so as to change the election and terms of office of the city commissioners.
HB 571. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act creating a new charter for the City of Gillsville, so as to require the city council to hold an organizational meeting in January following each general municipal election; to change the day of elections; to change the terms of office of the mayor and members of the council.
SB 68. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the mandatory one-year suspension of driver's licenses or permits of juveniles found to have committed certain delinquent acts; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the mandatory oneyear suspension of driver's licenses.
SB 186. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and others:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that a payee shall have a lien on merchandise when a bad check is used to purchase merchandise or services rendered on merchandise; to define the term "bad check"; to provide for the priority and perfection of such a lien.
SB 187. By Senators Johnson of the 47th, Albert of the 23rd and Dawkins of the 45th:
A bill to amend Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the "Uniform Commercial Code Commercial Paper" article, so as to provide that upon request of any party to an instrument, the drawee shall provide an affidavit giving the specific reason for dishonor.
SB 200. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving a motor vehicle while license suspended or revoked, and Code Section 40-6-390, relating to the serious offense of reckless driving, so as to change the periods of incarceration and the amounts of fines which may be imposed for violations of said Code sections.
826
JOURNAL OF THE HOUSE,
SB 216. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, so as to redefine what persons are competent and compellable to testify in the courts and tribunals of this state and provide for determinations of credibility; to repeal specifically Code Section 24-9-5, relating to competency of persons without use of reason.
SB 230. By Senators Coleman of the 1st, Dean of the 31st and Allgood of the 22nd:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to define certain terms; to change certain provisions relating to examinations; to change parameters of what constitutes the practice of architecture.
SB 244. By Senator Tate of the 38th:
A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating to the administration of municipal government generally, so as to provide for additional authority to serve any process, summons, notice, or order under certain circumstances.
SB 255. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court.
SB 261. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to change the provisions relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance; to change certain provisions relating to shopping centers and malls.
SB 264. By Senator Dawkins of the 45th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide that amounts in excess of the legal interest rate and pawnshop charge shall be uncollectable and shall void the pawn transaction.
HB 19. By Representatives Bostick of the 138th and Groover of the 99th:
A bill to amend Code Section 17-7-91 of the Official Code of Georgia Annotated, relating to the establishment of a date of arraignment in criminal cases, so as to change the provisions regarding notice of the date which has been fixed for arraignment.
FRIDAY, FEBRUARY 10, 1989
827
HB 106. By Representatives Oliver of the 53rd, Baker of the 51st and Groover of the 99th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials, so as to provide that in civil jury trials the court may retain one or more of the alternate jurors until the jury has agreed upon a verdict.
HB 107. By Representatives Oliver of the 53rd and Martin of the 26th:
A bill to amend Article 5 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the Executive Probate Judges Council of Georgia, so as to provide that three members from the state at large be elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia.
HB 163. By Representatives Lane of the 27th and Watts of the 41st:
A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to books of account, annual auditor's report, annual population estimates, provision of operating funds for commission by governing bodies, and adoption of annual program and budget with respect to metropolitan area planning and development commissions, so as to change the provisions relating to the amounts due from the political subdivisions in the metropolitan area.
HB 191. By Representative Porter of the 119th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to employment of superior court judges' secretaries, so as to provide for the pay level of certain reemployed superior court judges' secretaries.
HB 271. By Representatives Jamieson of the llth, Dover of the llth, Smith of the 78th, Barnett of the 10th, Porter of the 119th and McDonald of the 12th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons or property, so as to increase the applicable occupant load with respect to churches.
HB 288. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Mobley of the 64th and others:
A bill to amend Chapter 7 of Title 36 of the Official Code of Georgia Annotated, relating to county surveyors, so as to authorize the General Assembly by local law to abolish the office of elected county surveyor in any county and authorize the appointment of said official by the county governing authority; to provide requirements and limitations relative thereto.
HB 381. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th and Coleman of the 118th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1989, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
828
JOURNAL OF THE HOUSE,
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 157. By Representatives Ray of the 98th, Pinkston of the 100th, Groover of the 99th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 414. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973," so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House:
HB 131. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that no license plate or revalidation decal shall be issued for a rebuilt or salvage vehicle unless such vehicle has been inspected and found in compliance with the law; to repeal Code Section 48-10-3.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary registration permits.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 276. By Senators English of the 21st, Ragan of the 10th and Kennedy of the 4th:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to abolish the Agricultural Commodities Commission for Peanuts and provide for the creation of the Georgia Peanut Commission as a successor to and continuation thereof.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 68. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the mandatory one-year suspension of driver's licenses or permits of juveniles found to have committed certain delinquent acts; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the mandatory oneyear suspension of driver's licenses.
Referred to the Committee on Motor Vehicles.
FRIDAY, FEBRUARY 10, 1989
829
SB 186. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and others:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that a payee shall have a lien on merchandise when a bad check is used to purchase merchandise or services rendered on merchandise; to define the term "bad check"; to provide for the priority and perfection of such a lien.
Referred to the Committee on Special Judiciary.
SB 187. By Senators Johnson of the 47th, Albert of the 23rd and Dawkins of the 45th:
A bill to amend Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the "Uniform Commercial Code Commercial Paper" article, so as to provide that upon request of any party to an instrument, the drawee shall provide an affidavit giving the specific reason for dishonor.
Referred to the Committee on Banks & Banking.
SB 200. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving a motor vehicle while license suspended or revoked, and Code Section 40-6-390, relating to the serious offense of reckless driving, so as to change the periods of incarceration and the amounts of fines which may be imposed for violations of said Code sections.
Referred to the Committee on Motor Vehicles.
SB 216. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, so as to redefine what persons are competent and compellable to testify in the courts and tribunals of this state and provide for determinations of credibility; to repeal specifically Code Section 24-9-5, relating to competency of persons without use of reason.
Referred to the Committee on Judiciary.
SB 230. By Senators Coleman of the 1st, Dean of the 31st and Allgood of the 22nd:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to define certain terms; to change certain provisions relating to examinations; to change parameters of what constitutes the practice of architecture.
Referred to the Committee on Industry.
SB 244. By Senator Tate of the 38th:
A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to powers relating to the administration of municipal government generally, so as to provide for additional authority to serve any process, summons, notice, or order under certain circumstances.
Referred to the Committee on State Planning & Community Affairs.
830
JOURNAL OF THE HOUSE,
SB 255. By Senator Deal of the 49th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, so as to change certain procedural requirements for hearings on offenses bailable only before a judge of the superior court.
Referred to the Committee on Judiciary.
SB 261. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to change the provisions relating to buildings presenting special hazards to persons or property and requiring special standards of construction and maintenance; to change certain provisions relating to shopping centers and malls.
Referred to the Committee on State Institutions & Property.
SB 264. By Senator Dawkins of the 45th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for definitions; to provide for the legal rate of interest and pawnshop charge which may be charged by a pawnbroker; to provide that amounts in excess of the legal interest rate and pawnshop charge shall be uncollectable and shall void the pawn transaction.
Referred to the Committee on Banks & Banking.
SB 266. By Senator Deal of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amended, so as to change the compensation provisions relating to the judge and the solicitor of said court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 276. By Senators English of the 21st, Ragan of the 10th and Kennedy of the 4th:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to abolish the Agricultural Commodities Commission for Peanuts and provide for the creation of the Georgia Peanut Commission as a successor to and continuation thereof.
Referred to the Committee on Agriculture & Consumer Affairs.
Representative Parrish of the 109th arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Retirement:
FRIDAY, FEBRUARY 10, 1989
831
HB 284. By Representatives Parrish of the 109th, Murphy of the 18th and Lee of the 72nd:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to public retirement systems of Georgia, so as to create the Joint Management Committee of the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia; to provide for the composition of said committee and for its functions.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 431. By Representatives Godbee of the 110th, Kilgore of the 42nd, Birdsong of the 104th, Murphy of the 18th, Foster of the 6th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, so as to provide for loads to extend beyond the rear of the vehicle under certain circumstances.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, so as to provide for loads to extend beyond the rear of the vehicle under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to the length of vehicles and loads, is amended by striking paragraph (4) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a trip permit issued pursuant to Code Section 32-6-28 or for vehicles transporting motor vehicles, when the vehicle and load or combination of vehicles and load exceeds 60 feet, no load shall be 8e situated as te extend beyond the front ef more than four feet beyond the rear of the vehicle or semitrailer or trailer on which it is carried, provided that the total length of the load and the vehicle or semitrailer or trailer on which the load is carried shall not exceed 48 feet. If the load is so situated that it extends beyond the rear of the vehicle, semitrailer, or trailer on which jt js carried, then a rear underride guard shall be provided. The rear underride guard shall be of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the vehicle, semitrailer, or trailer on which it is carried and located not more than 22 inches from the surface as measured with the vehicle, trailer, or semitrailer, empty and on a level surface."
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:
JOURNAL OF THE HOUSE,
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Connell Couch
Cox Y Crawford
Crosby Y Cummings,B
Cummings,M
Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
Ray Reaves Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F
Stancil.S Y Stanley
Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Waddle Walker.C
Y Walker.L Y Wall Y Ware
Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J
Y Yates 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 Speaker assumed the Chair.
HB 367. By Representatives Watson of the 114th and Jackson of the 9th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of providing workers' compensation benefits, so as to change the provisions relating to securities deposit; to provide that certain funds shall be exempt from the securities deposit or surety bond requirements after a certain period of time.
The following Committee substitute was read and adopted:
A BILL
To amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of providing workers' compensation benefits, so as to change the provisions relating to maintenance of securities deposits; to provide that the surplus and expendable surplus requirements may be satisfied by an appropriate surety bond for a certain period of time; to provide that under certain conditions the surplus and expendable surplus requirements may be waived; to provide that under certain conditions a portion of the surplus may be returned to the members of the fund; to provide for the maintenance of reserves for losses and aggregate excess insurance; to repeal conflicting laws; and for other purposes.
FRIDAY, FEBRUARY 10, 1989
833
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds created for the purpose of providing workers' compensation benefits, is amended by striking in its entirety subsection (a) of Code Section 34-9-161, relating to securities deposit, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Except as otherwise provided in paragraph (2) of this subsection, each Each fund shall maintain with the Commissioner a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 in an amount which is equal to 25 percent of the normal annual premium or, if acceptable to the Commissioner, post in lieu thereof a surety bond in an amount which is equal to 35 percent of the normal annual premium; provided, however, that a fund established by a group of municipalities, counties, or school boards shall only be required to maintain such a deposit in an amount which is equal to 10 percent of the normal annual premium or, if acceptable to the Commissioner, to post in lieu thereof a surety bond in an amount which is equal to 15 percent of the normal annual premium. If the Commissioner permits a fund to post a surety bond in lieu of the deposit required above, such a bond shall only be acceptable if it is issued by an authorized insurer and its form has been approved in advance by the Commissioner.
(2) A fund which has been in existence for a period of at least five years shall, after application and approval of the Commissioner, maintain with the Commissioner a security deposit consisting of securities or a surety bond as described in paragraph (1) of this subsection in the amount of 10 percent of the fund's normal annual premium."
Section 2. Said article is further amended by striking in its entirety Code Section 34-9-162, relating to the maintenance of a surplus and expendable surplus, and inserting in lieu thereof a new Code Section 34-9-162 to read as follows:
"34-9-162. (a) A fund formed pursuant to this article shall possess and thereafter maintain a minimum surplus of not less than $150,000.00 and not less than $150,000.00 expendable surplus or such higher amounts of surplus or expendable surplus as the Commissioner may reasonably establish or subsequently require for the protection of the members and their employees, provided that the Commissioner shall have the authority to require the establishment or maintenance of such lesser amounts of minimum surplus or expendable surplus as he may deem advisable for the protection of the members and their employees, if the fund can show conclusively that its maximum annual liability is less than or equal to the total annual premiums collected. The surplus requirements of this subsection may be satisfied by a surety bond written by an authorized insurer and in a form approved by the Commissioner. A surety bond shall be replaced by cash or a cash equivalent within 60 months of the date said surety bond was submitted to the Commissioner.
(b) The Commissioner may waive the surplus requirement when a fund has made a deposit of eligible securities or a surety bond in order to maintain compliance with Code Section 34-9-161.
(c) At the discretion of the board of the fund, any surplus exceeding the requirements of this Code section and the total of all other liabilities of the fund may be returned to the members of the fund. The board of the fund shall notify the Commissioner b^ letter within ten days following the return of any surplus."
Section 3. Said article is further amended by striking in its entirety Code Section 34-9-163, relating to investment of assets, and inserting in lieu thereof a new Code Section 34-9-163 to read as follows:
"34-9-163. (a) Except as otherwise specifically provided for in this article, the investable assets of a fund shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commissioner may permit such insurers to invest their funds under
834
JOURNAL OF THE HOUSE,
Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33.
(b) Each fund shall at aH times maintain assets in cash, premium balances, er securities authorized by the tews ef this state for the investment ef assets of property and eas-
under L^odc ocction o4~y ID^I, tnc reserves tor losses outstanding and unpaid, and any other liabilities ef the fund, maintain loss reserves computed in the same manner and upon the same basis as required by the provisions of Code Section 33-10-9.
(c) For all claims under policies written in the three years immediately preceding the date as of which the statement is made, a fund's total loss and loss expense payments, actual loss reserves, incurred but not reported loss reserves, and reserves for aggregate excess insurance shall be maintained in an amount at least equal to the loss fund percentage as stated in the fund's excess insurance policy or such higher amounts as required by the Commissioner."
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 Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Beck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks
Brown Buck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L
Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby
CummingSjB Cummings,M Y Davis.C Y Davis.G Y Davis.M Dixon.H Y Dixon.S Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Hamilton Y Manner Harris
Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane.D
Lane.R Y Langford
Lawrence Y Lawson YLee Y Linder Y Long YLord
Lucas Y Lupton
Mangum
Y Martin McCoy
Y McDonald Y McKelvey
McKinney.B
McKinney,C Meadows Milam Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston YPoag Y Porter Y Poston
Powell Rainey
Y Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Robinson Y Royal Selman Y Simpson
Y Sinkfield
Y Smith.L Smith.P Smith.T
Y Smith.W Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley
Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Waddle
Walker.C Y Walker.L
Y Wall Y Ware
Watson Y Watts Y White
Wilder Williams.B Williams.J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
FRIDAY, FEBRUARY 10, 1989
835
HB 53. By Representatives Foster of the 6th, Colwell of the 4th, Harris of the 84th, Poag of the 3rd, Griffin of the 6th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as 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.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to increase the maximum overall length of vehicles and semitrailers authorized; to revise the maximum weight per axle authorized for bimodal semitrailers; to provide limitations; to provide a definition; to provide that the semitrailer shall be equipped with a rear underride guard; to change certain provisions relating to the maximum weight load on any tandem axle; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight for vehicles and loads, is amended by striking paragraph (1) of subsection (a) and subsection (b) of Code Section 32-6-24, relating to the length of vehicles and loads, in their entirety and inserting in lieu thereof a new paragraph (1) of subsection (a) and a new subsection (b) to read as follows:
"(1) As used in this article, the term: (A) 'Bimodal semitrailer' shall be defined as a detachable load-carrying unit
designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails.
(A) (B) 'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractorsemitrailer-trailer combination.
4B) (C) 'Semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported.
46) (D) 'Trailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor.
fB) (E) 'Truck tractor' shall be defined as the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (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
836
JOURNAL OF THE HOUSE,
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 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 by the department pursuant to paragraph (2) of subsection (a) of this Code section, vehicles, consisting of a truck tractor and semitrailer combination up to 67 '2 feet in overall length may be operated if:
(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 does not exceed 41 feet. This 41 foot distance shall be measured between the kingpin and the midway J>ojnt 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 2. Said article is further amended by striking paragraphs (1) and (2) of subsection (c) of Code Section 32-6-26, relating to weights of vehicles and loads, and inserting in their places new paragraphs (1) and (2) to read as follows:
"(1) (A) On all highways within this state which are not national highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; except as provided m paragraph (3) ef this subsection, the maximum load on any tandem axle shall be 37,340 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped.
(B) For vehicles and loads with an actual total gross weight between 73,280 pounds and 80,000 pounds, the maximum total gross weight authorized for the vehicle and load shall be determined by applying the state bridge formula.
(C) For any vehicle equipped with four axles, the maximum total gross weight authorized for the vehicle and load shall be 70,000 pounds. 43) F-er vehicles and combinations ef vehicles exceeding feet in length, the maximum load OR any tondcnft axle snail not exceed o4,UUU pounds. Until yvpril -t^ ~1 Joo,
tandem axte shati be 40,680. Reserved."
Section 3. Said article is further amended by adding a new subsection (j) at the end of Code Section 32-6-26, relating to the weight of vehicles and loads, to read as follows:
"(j) Except as provided in subsections (f) and (h) of this Code section, weight limits and axle definitions for any bimodal semitrailer, semitrailers, and trailers operated on
FRIDAY, FEBRUARY 10, 1989
837
highways and public roads within this state shall be weight limits and axle definitions authorized by federal law governing national highways."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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 Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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 Y Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Steele Y Stephens Y Teper Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Wilder Y Williams.B Williams.J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 53, by substitute, was ordered immediately transmitted to the Senate.
HB 472. By Representative Groover of the 99th:
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 any corporation shall have an insurable interest in the lives of any of its directors, officers, and employees and that trusts providing benefits to employees shall have an insurable interest in the lives of any such employees.
838
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
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 any corporation shall have an insurable interest in the lives of any of its directors, officers, and employees and certain of its shareholders and certain obligors and that trusts providing benefits to employees shall have an insurable interest in the lives of any such employees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insurance, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) A publicly owned corporation has an insurable interest as referred to in subsection (a) of this Code section in the Hves life or physical or mental ability of any of its directors, officers, and or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him at the time of his death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be 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 roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove 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 Y Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby
Y Cummings.B Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham
Y Griffin
Y Groover
Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane.R Y Langford
Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
FRIDAY, FEBRUARY 10, 1989
839
Y Moultrie
Y Mueller Oliver.C
Y Oliver.M Y Orr Y Orrock
Y Padgett
Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Y Pinkston
Y Poag
Y Porter Y Poston Y Powell
Rainey Y Randall
Y Ransom
Y Ray Y Reaves Y Redding
Y Richardson Ricketson
Y Robinson
Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T
Y Smith.W Smyre
Y Snow
Y Stancil.F Y Stancil.S
Y Stanley
Steele
Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Waddle
Walker.C
Y Walker.L Y Wall Y Ware Y Watson Y Watts
Y White
Y Wilder Y Williams.B
Williams.J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Murphy of the 18th 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 and Resolution of the House were taken up for consideration and read the third time:
HB 345. By Representatives Alford of the 57th, Dobbs of the 74th, Bailey of the 72nd, Hanner of the 131st, Crawford of the 5th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain discharges of pollutants into the waters of this state.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide that the Board of Natural Resources shall adopt rules or regulations relating to certain discharges of pollutants into the waters of this state; 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. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," is amended by adding immediately following Code Section 12-5-30 a new Code Section 12-5-30.1 to read as follows:
"12-5-30.1 (a) As used in this Code section, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Consistently exceeding an effluent limitation' means a permit holder's exceed-
ing the permit's assigned effluent limitation for at least five days out of each sevenday period during a total period of 180 consecutive days.
(3) 'Major spill' means the discharge of pollutants into the waters of this state by a permit holder at a rate substantially exceeding the effluent limitation of the permit holder, and such term shall be more specifically defined by regulations of the board.
(4) 'Monitoring' means the systematic measurement of chemical and biological pollutants present in waters of this state which are affected by a major spill or by consistently exceeding an effluent limitation.
840
JOURNAL OF THE HOUSE,
(5) 'NPDES permit' means a permit issued by the division to regulate the discharge of pollutants from any point source into the waters of this state which is issued in conformity with the requirements of the 'National Pollutant Discharge Elimination System' provided for in Section 402 of the Federal Water Pollution Control Act Amendments of 1972.
(6) 'Permit holder' means any person who was issued a NPDES permit pursuant to the provisions of this article and rules and regulations of the board, (b) By not later than January 1, 1990, the board shall provide by rules or regulations for the following:
(1) For immediate notification to the division of a major spill by a permit holder; (2) For the permit holder responsible for the major spill to cause to be published in the legal organ of the county where the spill occurred a notice of such spill, such notice to be published within not more than seven days after the date of the spill; (3) For the division to provide notice of the major spill within 24 hours thereafter to every county, municipality, or other public agency whose public water supply is within a distance of 20 miles downstream and to any others which could potentially be affected by the spill. (4) For independent monitoring of waters affected by a major spill or by consistently exceeding an effluent limitation, with such monitoring being at the expense of the permit holder, for a period of at least one year and for the results of such monitoring to be regularly provided to all counties, municipalities, and other public agencies using the affected waters as a source of public water supply."
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert
Coleman Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Cummings.B Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B
McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell Y Rainey Y Randall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Yates Y Yeargin Murphy.Spkr
FRIDAY, FEBRUARY 10, 1989
841
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.
HR 162. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution creating the Access to Health Care Commission.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the Access to Health Care Commission; and for other purposes.
WHEREAS, concern has long been expressed that health care should be widely available and not unfairly denied to those in need; and
WHEREAS, in Georgia it is estimated that one in five residents have no health care coverage and therefore have limited access to needed health care service; and
WHEREAS, the state recognizes the increasing severity of the problem of access to health care in Georgia as well as its responsibility in helping to provide and finance health care for all residents; and
WHEREAS, the increasing burden of uncompensated care is endangering the financial stability of the state's community hospitals and other providers; and
WHEREAS, it has become increasingly difficult for providers to shift the cost of uncompensated care to business, insurers, or property tax payers; and
WHEREAS, the complexity of addressing this problem requires a thorough study of all available options.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Access to Health Care Commission which shall be appointed by May 1, 1989, and be composed of 22 members as follows:
(1) Three members of the Senate appointed by the President of the Senate. One of such members shall be chosen from the membership of the committee on Human Resources and one of such members shall be chosen from the Committee on Insurance;
(2) Three members from the House of Representatives appointed by the Speaker of the House of Representatives. One of such members shall be chosen from the membership of the Committee on Health and Ecology and one shall be chosen from the Committee on Insurance;
(3) The director, or designee thereof, of the Governor's Office of Management and Budget;
(4) The executive director, chairman, or designee thereof, of the Business Council of Georgia;
(5) The executive director, chairman, or designee thereof, of the Georgia Association of Health Care Coalitions;
(6) The executive director, chairman, or designee thereof, of Blue Cross and Blue Shield of Georgia, Inc.;
(7) One representative of commercial insurance carriers appointed by the Governor; (8) Two hospital chief administrative officers selected by the Georgia Hospital Association, one to be appointed from a rural community and one from an urban community; (9) Two county commissioners selected by the Association of County Commissioners of Georgia, one to be appointed from a rural community and one from an urban community;
842
JOURNAL OF THE HOUSE,
(10) One representative of the medical community to be selected by the Medical Association of Georgia;
(11) The executive director, chairperson, or designee thereof, of the Georgia Association for Primary Health Care;
(12) One knowledgeable representative of organizations working to improve health care for Georgia residents selected by Georgia Indigent Legal Services;
(13) The commissioner, or designee thereof, of the Department of Human Resources; (14) The commissioner, or designee thereof, of the Department of Medical Assistance; (15) The executive director, or designee thereof, of the State Health Planning Agency; (16) The chair, or designee thereof, of the State Health Policy Council; and (17) The president, or designee thereof, of the Georgia Rural Health Association. The Governor shall appoint one additional member of the commission to serve as the chairman of the commission and the commission shall meet upon the call of the chairman. The membership may elect such other officers as it deems advisable and shall establish such rules as it deems necessary.
BE IT FURTHER RESOLVED that the commission shall study the problem of access to health care for all Georgians. It shall review existing laws and program including Medicaid and other alternatives to determine factors limiting health care access. It shall investigate alternatives for removing barriers to access. The commission may hold hearings, conduct investigations, and take any other action necessary or desirable to collect data and obtain information.
BE IT FURTHER RESOLVED that the commission 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. Legislative members shall receive the expenses and allowances authorized for legislative members of interim legislative committees. Members of the commission who are employees of the state shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of any state employee, other than legislative members, shall come from funds appropriated to or otherwise available to the respective department of that employee. All other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The commission shall make a preliminary report of its findings and recommendations to the General Assembly and the Governor on December 1, 1989 and a final report on December 1, 1990. The commission shall stand abolished on December 1, 1990.
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G
Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Jackson.W
FRIDAY, FEBRUARY 10, 1989
843
Y Jamieson Y Jenkins Y Johnson Y Jones
Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B McKinney.C
Y Meadows Milam
Y Mobley Y Moody N Moore Y Morton Y Moultrie
Y Mueller Oiiver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Parrish
Y Patten Y Pettit
Pinkston YPoag
Porter
Y Poston Y Powell Y Rainey Y Randall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal
Selman Y Simpson Y Sinkfield Y Smith.L
Smith.P Smith.T
Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Tolbert
Y Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C Y Walker.L
Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder
Williams,B Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, by substitute, the ayes were 150, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representative Lane of the lllth stated that he had been called from the floor of the House during the roll call on the following Bills of the House. He wished to be recorded as voting "aye" thereon:
HB 53 HB 367
HB 431 HB 472
HB 404. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain identification cards may be used as proper identification for the purpose of registering as an elector or a municipal elector.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Beck Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y 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 Cox
Y Crawford Y Crosby Y Cummings,B
Cummings,M
Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert
Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee Y Linder
YLong Y Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows
Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
844
JOURNAL OF THE HOUSE,
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
Y Ray Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Steele
Y Stephens
Y Teper
Y Thomas.C N Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Waddle
Y Walker.C
Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 156, nays 1. The Bill, having received the requisite constitutional majority, was passed.
HB 368. By Representative McDonald of the 12th:
A hill to amend Code Section 34-8-51 of the Official Code of Georgia Annotated, relating to the definition of wages with respect to unemployment compensation, so as to exclude from consideration as wages certain payments made to an employee during a period of temporary layoff.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y 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 Y Connell
Y Couch
Cox
Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson,W
Y Jamieson Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
McKinney.C Y Meadows
Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
01iver,C Y 01iver,M
YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith,T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Steele Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C Y Walker.L
Y Wall Y Ware Y Watson
Y Watts Y White
Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 10, 1989
845
The following Resolution was read:
HR 267. By Representative Walker of the 115th: A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, February 10, 1989, and shall reconvene at 10:00 A.M. on Monday, February 13, 1989.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Bargeron
Y Barnett.B Barnett.M Beck
Y Benefield Y Benn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Buck 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 Colcman Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby
Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Pettit
Pinkston
YPoag Y Porter
Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Simpson
On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution was adopted.
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Y Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil.S Y Stanley
Steele Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson
Y Watts Y White
Wilder Y Williams.B
Williams.J Y Yates
Y Yeargin Murphy,Spkr
The following Resolutions of the House were read and adopted:
HR 268. By Representatives Edwards of the 112th, Murphy of the 18th, Lee of the 72nd, Groover of the 99th, Connell of the 87th and others:
A resolution extending best wishes to Ms. Hallie Ward Edwards on her 27th birthday.
HR 269. By Representative Smith of the 78th: A resolution commending Gertrude Darden Alien.
846
JOURNAL OF THE HOUSE,
HR 270. By Representative Carrell of the 65th: A resolution commending Mr. Frank Sherrill.
HR 271. By Representative Barnett of the 59th:
A resolution inviting all the members of this body to the 1989 edition of the Gwinnett County Chamber of Commerce's salute to the Georgia General Assembly.
HR 272. By Representative Greene of the 130th: A resolution recognizing and commending Captain Christine Knighton.
HR 273. By Representatives Benefield of the 72nd, Barnett of the 10th, Connell of the 87th, Padgett of the 86th, Carrell of the 65th and others:
A resolution recognizing Amoco Corporation and its subsidiaries.
HR 274. By Representatives Clark of the 20th, Ehrhart of the 20th, Atkins of the 21st, Gresham of the 21st, Thompson of the 20th and others:
A resolution commending Miss Stephanie Michels.
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 House:
HR 267. By Representative Walker of the 115th: A resolution relative to adjournment.
Pursuant to HR 267, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 13, 1989.
MONDAY, FEBRUARY 13, 1989
847
Representative Hall, Atlanta, Georgia Monday, February 13, 1989
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 Aiken
Alford Athon Atkins Bailey Baker Balkcom Bannister Barfoot Bargeron Barnett.B Barnett.M Beck Benefield Benn Bishop Bostick Branch Breedlove Brooks Brown Buck Bufrd
^rd
rLC,hhhaamnchbelless
Cheeks
Childers
Clark.B
Clark.H
Clark.L Colbert Coleman
Connell Couch Crawford Cummings.B Cummings,M Davis,C Davis.G Davis.M Dixon.H Dixon.S Dobbs Dover Dunn Edwards Ehrhart Felton Fennel Floyd Foster Godbee Goodwin Green
reene
ruGrnrioflfioivn8e1r"
Hamilton
Harris
Hasty
Heard
Holcomb Holland Holmes
Hooks Howren Hudson Irwin Isakson Jackson,J Jamieson Jenkins Johnson Jones Kilgore Kingston Lane.D Lane.R Langford Lawrence Lawson Lee Linder Long Lord Lucas
Lupton
MMaa"rt8lnum
McCy
McKelvey
McKinney.B
McKinney.C
Meadows Milam Mobley
Moody Moore Morton Moultrie Mueller Oliver.C Oliver.M Orr Padgett Pannell Parham Parrish Patten Pettit Poag Porter Poston Powell Rainey Randall Ransom R
Reaves
RnR-eicdihdair"d8fson
Robinson
Royal
Selman
Simpson
Sinkfield Smith,L Smith,?
Smith.T Smith.W Snow Stancil.F Stancil.S Steele Stephens Teper Thomas.C Thomas.M Thompson Titus Tolbert Townsend Vaughan Waddle Walker.C Walker,L Wall Ware Watson Watts
White
W*Wtrii-llnhd-aemr s.Br>
Wilhams,J
Yates
Yeargin
Murphy.Spkr
Prayer was offered by the Reverend Bob L. Bone, Pastor, First Methodist Church, Conyers, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
848
JOURNAL OF THE HOUSE,
5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:
HB 768. By Representative Edwards of the 112th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Hazardous Waste Management Authority for the inclusion in the health insurance plan of employees and retiring employees of the authority and their spouses and dependent children.
Referred to the Committee on Insurance.
HB 769. By Representative Edwards of the 112th:
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, and entities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of said retirement system.
Referred to the Committee on Retirement.
HB 770. By Representatives Robinson of the 96th, Connell of the 87th, Pinkston of the 100th, Lee of the 72nd, Buck of the 95th and others:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, so as to change provisions relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations; to change the rate at which such tax may be levied by counties and municipalities after a certain time.
Referred to the Committee on Ways & Means.
HB 771. By Representative Parham of the 105th:
A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, so as to provide additional exemptions for certain facilities providing services to persons suffering traumatic brain injury; to provide for licensure of those facilities.
Referred to the Committee on Health & Ecology.
HB 772. 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 certain provisions relating to the election of the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.
MONDAY, FEBRUARY 13, 1989
849
HB 773. By Representative Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to provide for the inclusion of certain campsite time-share programs and establish requirements and procedures relating thereto.
Referred to the Committee on Judiciary.
HB 774. By Representative Meadows of the 91st:
A bill to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members of the board of commissioners of Talbot County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 775. By Representatives Aiken of the 21st, Clark of the 20th, Howren of the 20th, Ehrhart of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating a new charter for the City of Austell, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 776. By Representative Jones of the 71st:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to change the provisions relating to alternative dates and provisions for interest and final settlements of ad valorem taxes.
Referred to the Committee on Ways & Means.
HB 777. By Representatives Orrock of the 30th, Martin of the 26th, Oliver of the 53rd, Brown of the 88th, Thomas of the 31st and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions concerning workers' compensation, so as to make it unlawful for any employer or agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee asserts or exercises certain rights.
Referred to the Committee on Industrial Relations.
HR 275. By Representatives Buck of the 95th, Moore of the 139th, Walker of the 115th, Lee of the 72nd, Mangum of the 57th and others:
A resolution creating the House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee.
Referred to the Committee on University System of Georgia.
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:
850
JOURNAL OF THE HOUSE,
HB 793. By Representative Randall of the 101st:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to possession, manufacture, distribution, etc., of controlled substances or marijuana, so as to provide that any person who involves a minor in the sale of controlled substances or marijuana shall be guilty of a felony; to provide penalties.
Referred to the Committee on Special Judiciary.
HB 794. By Representatives Colbert of the 23rd, Hasty of the 8th and Stancil of the 8th:
A bill to amend an Act reincorporating the City of Mountain Park and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 795. By Representatives Colbert of the 23rd, Felton of the 22nd, Lane of the 27th and Selman of the 32nd:
A bill to provide that all residents of the Fulton County School District who are 70 years of age or over shall be granted a homestead exemption for the full value of their homes from ad valorem taxes for educational purposes levied for or on behalf of the Board of Education of Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 796. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the imposition of development impact fees by municipal and county governments; to provide legislative intent; to provide definitions; to provide procedures for the adoption and implementation of such fees; to provide for credits and refunds.
Referred to the Committee on State Planning & Community Affairs.
HB 797. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Smyre of the 92nd, Moultrie of the 93rd and others:
A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 798. By Representatives Childers of the 15th, Pannell of the 122nd and Parham of the 105th:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing educational programs for persons licensed under such chapter.
Referred to the Committee on Health & Ecology.
MONDAY, FEBRUARY 13, 1989
851
HB 799. By Representatives Lupton of the 25th, Pannell of the 122nd, Benn of the 38th, Robinson of the 96th, Isakson of the 21st and others:
A bill to amend Article 2 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to ordinances providing for historical preservation, so as to change certain provisions relating to certain exemptions from such article.
Referred to the Committee on State Planning & Community Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 740 HB 741 HB 742 HB 743 HB 746 HB 747 HB 748 HB 749 HB 750 HB 751 HB 752 HB 753 HB 754 HB 755 HB 756 HB 759 HB 760 HB 761 HB 762
HB 763 HB 764 HB 765 HB 766 HB 767 HR 244 HR 266 SB 68 SB 186 SB 187 SB 200 SB 216 SB 230 SB 244 SB 255 SB 261 SB 264 SB 266 SB 276
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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 692 Do Pass HB 749 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Holmes of the 28th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 400 Do Pass, by Substitute
852
JOURNAL OF THE HOUSE,
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 298 Do Pass HB 306 Do Pass HB 559 Do Pass
HB 721 Do Pass HB 676 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Cummings of the 17th 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 House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 643 Do Pass SB 152 Do Pass SB 160 Do Pass
Respectfully submitted, /s/ Cummings of the 17th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 263 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
MONDAY, FEBRUARY 13, 1989
853
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 278 Do Pass HB 612 Do Pass HB 626 Do Pass, by Substitute
HB 670 Do Pass HB 742 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th 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 668 Do Pass HB 729 Do Pass HB 730 Do Pass
HB 736 Do Pass SB 176 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted.
HOUSE RULES CALENDAR MONDAY, FEBRUARY 13, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:
HB 70 Medicaid Prescription Drug Bidding/Rebate Program HB 187 Bail: Forfeiture of Bonds or Recognizances HB 440 County Boards of Education: Group Medical/Dental Insurance HB 476 Watercraft: Disposition of Abandoned Vessels HB 487 Disposition of Unclaimed Property: Time Period HB 489 Corporate Tax: Date Returns and Payments Due HB 567 Physicians for Rural Areas Assistance Act: Enact HB 659 Metropolitan Atlanta Olympic Games Authority: Create HB 734 Game: Baited Areas: Erect Sign
SB 38 Georgia Service Center for Hearing Impaired Persons: Provide SB 194 Georgia State Games Commission: 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:
854
JOURNAL OF THE HOUSE,
HB 668. By Representatives Thompson of the 20th, Atkins of the 21st, Vaughan of the 20th, Clark of the 20th, Howren of the 20th and others:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, so as to change the date upon which the commission will be abolished.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
Benn Birdsong
Bishop Y Bostick
Y Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd
Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H
Clark.L Colbert Coleman Colwell Y Connell Y Couch Cox Y Crawford Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty Y Heard
Herbert Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Lucas Y Lupton Y Mangum Martin Y McCoy Y McDonald Y McKelvey McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Snow Y Stancil.F Y Stancil.S Stanley Y Steele Y Stephens Y Teper Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Wall Y Ware Y Watson Y Watts White Wilder Williams.B Y Williams.J
Yates Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 729. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating the Magistrate Court of Glynn County, so as to provide for the collection of an additional fee for the benefit of the Glynn County Law Library on each case filed in the Magistrate Court of Glynn County; to provide for the amount of the fee.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Y Aiken Y Alford
Alien
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
MONDAY, FEBRUARY 13, 1989
855
Y Barnett,M
YBeck Y Benefield
Benn
Birdsong
Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
YBuck
Y Buford
YByrd
Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H
Clark.L Colbert Coleman Colwell Y Connell Y Couch
Cox
Y Crawford
Crosby
Y Cummings.B
Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster
Y Godbee Goodwin
Y Green
Y Greene
Y Gresham Y Griffin Y Groover
Y Hamilton Hanner
Y Harris Hasty
Y Heard Herbert Holcomb
Y Holland Y Holmes Y Hooks
Y Howren
Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W
Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D
Lane,R Y Langford
Y Lawrence
Y Lawson
YLee Y Under
YLong Y Lord
Lucas Y Lupton
Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr
Orrock Y Padgett
Y Pannell
Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Y Randall
Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Y Simpson
Sinkfield
Y Smith,L
Y Smith.P
Y Smith.T Y Smith.W
Smyre Snow Y Stancil.F Y Stancil.S Stanley Y Steele Y Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Wall
Y Ware Y Watson Y Watts
White Wilder Williams.B Y Williams,J Yates Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 730. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of the judge of said court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch Y Breedlove Y 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 Colbert Coleman Colwell Y Connell Y Couch Cox Y Crawford Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Hasty Y Heard
Herbert
Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin YIsakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas
Y Lupton Y Mangum
Martin
Y McCoy Y McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C
Y Oliver.M
YOrr
Orrock
Y Padgett
Y Pannell
Y Parham
Y Parrish
856
JOURNAL OF THE HOUSE,
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P
Y Smith.T Y Smith, W
Smyre Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M
Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker.C
Walker.L
Wall Y Ware Y Watson Y Watts
White Wilder Williams.B Y Williams,J Yates Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 736. By Representatives Buford of the 103rd, Birdsong of the 104th, Groover of the 99th, Lucas of the 102nd, Randall of the 101st and others:
A bill to amend an Act to provide a new charter for the City of Macon, so as to provide that newly elected mayors and council members shall take office on the second Tuesday of December following their election.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford YByrd
Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L Colbert Coleman Colwell
Y Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty Y Heard
Herbert Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall
Y Ransom
YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Srnyre Snow Y Stancil.F Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Wall Y Ware Y Watson Y Watts White Wilder Williams.B Y Williams,J Yates Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 13, 1989
857
SB 176. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to provide for a court administrator of the Cobb Judicial Circuit and provide for the duties, services and compensation thereof; to provide for support personnel for that administrator and provide for their compensation; 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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcora Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L Colbert Coleman Colwell
Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee
Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty Y Heard
Herbert Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Lucas Y Lupton Y Mangum Martin Y McCoy Y McDonald Y McKelvey McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre Snow Y Stancil.F Y Stancil.S Stanley Y Steele Y Stephens Y Teper Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Twiggs Y Vaughan Y Waddle Y Walker.C Walker.L Wall Y Ware Y Watson Y Watts White Wilder Williams.B Y Williams,J Yates Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.
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 285. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill "To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah.", as
858
JOURNAL OF THE HOUSE,
SB 286. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for effective dates of such changes.
HB 554. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating and establishing the State Court of Tift County, so as to change the minimum compensation of the sheriff and the clerk.
HB 602. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen, so as to change the term of office of the mayor.
HB 621. By Representatives Beck of the 148th, Reaves of the 147th and Patten of the 149th:
A bill to amend an Act creating the board of commissioners of Lowndes County, so as to change the provisions relating to the compensation of the members of the board.
SB 125. By Senator Shumake of the 39th:
A bill to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so as to provide for prior written notice to be given when an insurer terminates the certificate of authority of a property, casualty, or surety agent.
SB 203. By Senators Fuller of the 52nd, Broun of the 46th, Huggins of the 53rd and others:
A bill to amend Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, so as to provide for a public right of passage in the floatable streams of this state; to define what streams constitute floatable streams; to define criminal offenses involving interference with such right of passage and provide for punishment for such offenses.
SB 207. By Senators Fuller of the 52nd, Peevy of the 48th, Dawkins of the 45th and others:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minor children, so as to provide that where a personal injury action is brought by a minor child through a natural guardian as next friend, and where the injuries are not permanent in nature, the trial judge may authorize such natural guardian to compromise such claim and to receive sums paid pursuant to a compromise of judgment without filing a bond.
SB 252. By Senators Brannon of the 51st and Garner of the 30th:
A bill to amend Article 1 of Chapter 21 of Title 31, relating to general provisions concerning dead bodies, so as to provide for cremated remains to be buried at sea under certain conditions; to provide that certain information relating to the burial of cremated remains at sea shall be furnished to the local registrar of births, deaths, and other vital records in the county nearest the point where the remains were buried.
MONDAY, FEBRUARY 13, 1989
859
SB 272. By Senator Gillis of the 20th:
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 revise the qualifications and requirements for registered foresters; to provide for continuing education as a condition of license renewal; to provide for an effective date and applicability.
HB 350. By Representative Alien of the 127th:
A bill to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions affecting the laws and government of the state, so as to authorize the board of directors of certain authorities to change the name and style under which their authorities operate.
HB 401. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
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 reduce the residency requirement for certain county and municipal offices.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:
HB 264. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Titus of the 143rd and Hudson of the 117th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, so as to provide that it shall be unlawful to feed alligators or bears except while holding a valid permit or license to possess the animal being fed.
HB 538. By Representatives Godbee of the 110th, Reaves of the 147th, Greene of the 130th, Branch of the 137th, Oliver of the 121st and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that certain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:
SR 60. By Senators Land of the 16th, Stumbaugh of the 55th and Baldwin of the 29th:
A resolution creating the Joint Study Committee on Automobile Insurance Costs Containment.
SR 95. By Senator Kidd of the 25th: A resolution designating the Battle Smith Bridge.
860
JOURNAL OF THE HOUSE,
SR 96. By Senators Walker of the 43rd, Langford of the 35th and Tate of the 38th:
A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the State Board of Pardons and Paroles; to provide for the submission of this amendment for ratification or rejection.
HR 192. By Representatives Murphy of the 18th and Lee of the 72nd:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing an address from His Excellency, Juan Antonio Samaranch, President, International Olympic Committee.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 217. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony by a defendant in a criminal trial, so as to provide that if a defendant in a criminal trial testifies in his own behalf, evidence of his general bad character or prior convictions shall be admissible for purposes of impeachment.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 125. By Senator Shumake of the 39th:
A bill to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so as to provide for prior written notice to be given when an insurer terminates the certificate of authority of a property, casualty, or surety agent.
Referred to the Committee on Insurance.
SB 203. By Senators Fuller of the 52nd, Broun of the 46th, Huggins of the 53rd and others:
A bill to amend Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, so as to provide for a public right of passage in the floatable streams of this state; to define what streams constitute floatable streams; to define criminal offenses involving interference with such right of passage and provide for punishment for such offenses.
Referred to the Committee on Natural Resources & Environment.
SB 207. By Senators Fuller of the 52nd, Peevy of the 48th, Dawkins of the 45th and others:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Annotated, relating to natural guardians of minor children, so as to provide that where a personal injury action is brought by a minor child through a natural guardian as next friend, and where the injuries are not permanent in nature, the trial judge may authorize such natural guardian to compromise such claim and to receive sums paid pursuant to a compromise of judgment without filing a bond.
Referred to the Committee on Judiciary.
MONDAY, FEBRUARY 13, 1989
861
SB 217. By Senators Dawkins of the 45th, Starr of the 44th and Kennedy of the 4th:
A bill to amend Code Section 24-9-20 of the Official Code of Georgia Annotated, relating to testimony by a defendant in a criminal trial, so as to provide that if a defendant in a criminal trial testifies in his own behalf, evidence of his general bad character or prior convictions shall be admissible for purposes of impeachment.
Referred to the Committee on Judiciary.
SB 252. By Senators Brannon of the 51st and Garner of the 30th:
A bill to amend Article 1 of Chapter 21 of Title 31, relating to general provisions concerning dead bodies, so as to provide for cremated remains to be buried at sea under certain conditions; to provide that certain information relating to the burial of cremated remains at sea shall be furnished to the local registrar of births, deaths, and other vital records in the county nearest the point where the remains were buried.
Referred to the Committee on Health & Ecology.
SB 272. By Senator Gillis of the 20th:
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 revise the qualifications and requirements for registered foresters; to provide for continuing education as a condition of license renewal; to provide for an effective date and applicability.
Referred to the Committee on Natural Resources & Environment.
SB 285. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill "To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah.", as amended, so as to provide for the election and terms of office of the Mayor and Aldermen of the City of Savannah.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 286. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for effective dates of such changes.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 60. By Senators Land of the 16th, Stumbaugh of the 55th and Baldwin of the 29th:
A resolution creating the Joint Study Committee on Automobile Insurance Costs Containment.
Referred to the Committee on Insurance.
SR 95. By Senator Kidd of the 25th: A resolution designating the Battle Smith Bridge.
Referred to the Committee on Transportation.
862
JOURNAL OF THE HOUSE,
SR 96. By Senators Walker of the 43rd, Langford of the 35th and Tate of the 38th:
A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the State Board of Pardons and Paroles; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on State Institutions & Property.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Insurance and referred to the Committee on Judiciary:
SB 175. By Senators Edge of the 28th, Dawkins of the 45th and Clay of the 37th:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transactions of insurance, so as to provide that insurers who provide liability or casualty insurance coverage and the insured shall upon the request of a claimant provide certain information to such claimant.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 194. By Senators Foster of the 50th, Deal of the 49th and Walker of the 43rd:
A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create a Georgia State Games Commission; to define certain terms; to provide for purpose; to provide for the composition of the commission; to provide for the appointment and qualifications of members; to provide for the election of a chairman; to provide for 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 roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck
Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford
Crosby Y Cummings,B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas
Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
MONDAY, FEBRUARY 13, 1989
863
Ray Y Reaves
Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Simpson
Sinkfield Y Smith.L
Y Smith.P
Y Smith.T Y Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Steele
Y Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Townsend
Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Y Ware
Y Watson Y Watts
White
Wilder Y Williams,B Y Williams,J Y Yates
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.
HB 659. By Representative Lee of the 72nd:
A bill to create the Metropolitan Atlanta Olympic Games Authority as a body corporate and public, a political subdivision of the state, and a public corporation; to provide for a short title; to provide for definitions; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation.
The following Committee substitute was read and adopted:
A BILL
To create the Metropolitan Atlanta Olympic Games Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation; to provide for a short title; to provide for definitions; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for rates, fees, and charges; to provide for rules and regulations; to provide for tax exemptions; to provide for local government participation; to provide for revenue bonds or obligations of the authority; to provide for validation of revenue bonds and certain contracts; to provide for financial accounts, audits, and reports; to provide for other matters relative to the foregoing and relative to the general purpose of this Act; 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 "Metropolitan Atlanta Olympic Games Authority Act."
Section 2. As used in this Act, the term: (1) "Appointed member" means any member of the authority other than the
mayor of the City of Atlanta and the president of the city council of the City of Atlanta.
(2) "Authority" means the Metropolitan Atlanta Olympic Games Authority created in Sections 3 and 4 of this Act and any successor thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this Act or impair the obligations of any contracts existing under this Act.
(3) "Bonds" or "revenue bonds" means any bonds issued by the authority under this Act, including refunding bonds.
(4) "Costs of the project" means all costs of construction; all costs of real and personal property required for the purposes of such project and facilities related thereto, including land and any rights or undivided interests therein, all buildings, structures, or improvements thereon, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates, and the securing of such permits, approvals, licenses, and certificates and the preparation of applications therefor, and including all machinery and equipment, including equipment for use in connection with such construction,
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furniture, furnishings, and personal property of every kind used in connection therewith; financing charges; interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of any project in operation; costs of engineering, architectural, and legal services; costs of plans and specifications and all expenses necessary or incidental to determining the feasibility or practicability of any project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized by this Act. All funds paid or advanced for any of the purposes mentioned in this paragraph by political subdivisions or other public bodies corporate and politic contracting with the authority prior to the issuance of any of the authority's bonds or notes may be refunded to such political subdivisions or other public bodies corporate and politic out of the proceeds of any bonds or notes so issued. The costs of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the 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 or notes may be authorized. Any obligation or expense incurred for any of the purposes mentioned in this paragraph shall be regarded as a part of the cost of the pertinent project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this Act for such project.
(5) "International Olympic Committee" means the International Olympic Commit-
tee, a body corporate under international law created by the Congress of Paris of 23rd June, 1894, and having perpetual succession.
(6) "Local government" means any city, county, or other political subdivision of or public body corporate and politic of the state which enters into an Olympic games contract with the authority.
(7) "Local organizing committee" means the Georgia Amateur Athletics Foundation, a not for profit corporation created under the laws of the State of Georgia.
(8) "Notes" means any notes, including bond anticipation notes, issued by the authority under this Act.
(9) "Olympic games" shall mean any Olympic games sponsored and governed by the International Olympic Committee and any other educational, cultural, athletic, or sporting events related or preliminary thereto, and any other amateur athletic, sporting, or recreational events within the state.
(10) "Olympic games contract" means any contract pursuant to which a local government snares a portion of the financial responsibility for Olympic games, as the same may be amended, modified, or supplemented.
(11) "Project" means and includes the acquisition, construction, equipping, maintenance, and operation of any facilities within the state necessary or useful in the conduct of Olympic games, including but not limited to stadiums, coliseums, natatoriums, velodromes, and other sports venues and facilities for athletic, sporting, cultural, educational, and other events, recreation centers and areas, including but not limited to, athletic fields, parking facilities or parking areas in connection therewith, clubhouses, gymnasiums and related buildings, housing and other accommodations for athletes and other representatives and personnel involved in Olympic games, communications facilities, media facilities and accommodations, security facilities, meeting and transportation centers, facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated directly or through concessions, licenses, or leases or otherwise, and the usual and convenient facilities appertaining to such undertakings, including without limitation parking facilities, water and sewer facilities, and other utilities and roads and roadways, and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas deemed by the authority to be necessary, convenient, or desirable.
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865
(12) "State" means the State of Georgia.
Section 3. There is created a public body corporate and politic to be known as the Metropolitan Atlanta Olympic Games Authority which shall be deemed to be a political subdivision of the state and a public corporation by that name, style, and title, and said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.
Section 4. (a) The authority shall initially consist of five members. The number of members of the authority may be increased as provided in Section 5 of this Act. Three of the initial members shall be appointed members. One such initial appointed member shall be appointed by the mayor of the City of Atlanta and shall be an officer of a state authority with responsibility for convention and tourism activities in the metropolitan Atlanta area. Two such initial appointed members shall be appointed by the mayor of the City of Atlanta and be subject to the approval of the city council of the City of Atlanta. The other two initial members shall consist of the persons holding the offices of mayor and president of the city council of the City of Atlanta from time to time.
(b) The initial terms of office of the appointed members shall be three years from the date of appointment, and all subsequent terms of office of the appointed members shall be for three years except that the appointed member who is an officer of a state authority and his successors shall serve concurrently with their service as such officer of such state authority. Each appointed member shall hold office until his or her successor shall be appointed and duly qualified. Any appointed member of the authority may succeed himself or herself.
(c) All vacancies in the membership of the appointed members of the authority, whether caused by expiration of term of office, death, resignation, or otherwise, shall be filled by the city council of the City of Atlanta, Georgia, or such local government as shall have appointed such appointed member pursuant to the provisions of this section or Section 5 of this Act. The term of any appointed member, appointed to fill an unexpired term, shall be the term of the member he or she replaced.
(d) The authority shall elect from its membership a chairman, a vice chairman, a secretary, and a treasurer. Such officers shall serve for such terms as shall be prescribed by resolution of the authority or until their successors are elected and qualified. No member of the authority shall hold more than one office.
Section 5. Each local government entering into an Olympic games contract shall be entitled to appoint so many appointed members to the authority as shall be specified in such Olympic games contract. The initial term of any such additional appointed member shall begin on the date of appointment and shall extend for three years. All subsequent terms of office of any such appointed member shall be as provided in subsection (b) of Section 4 of this Act; provided, however, that the remaining term of office of any appointed member appointed by a local government pursuant to this section shall not extend for more than six months beyond the termination of the Olympic games contract entered into by such local government.
Section 6. (a) Regular meetings of the authority shall be held on such dates and at such time and place as shall be fixed by resolution of the authority.
(b) Special meetings of the authority may be called by resolution of the authority, by the chairman or vice chairman, or upon the written request of at least three members of the authority.
(c) Written notice of all meetings shall be delivered to each local government which has entered into an Olympic games contract and to each member of the authority not less than ten days prior to the date of such meeting in the case of regular meetings and not less than three days in the case of special meetings.
(d) Notice of a meeting of the authority need not be given to any member or local government who or which signs a waiver of notice either before or after the meeting. Attendance of a member at a meeting shall constitute a waiver of notice of such meeting
866
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and a waiver of any and all objections to the place or time of the meeting or to the manner in which it has been called or convened, except when a member states at the beginning of the meeting any such objection or objections to the transaction of business.
(e) A majority of the members of the authority in office shall constitute a quorum. A majority of the quorum is empowered to exercise all the rights and perform all the duties of the authority and no vacancy on the authority shall impair the right of such majority to act; provided, however, that a majority of the members of the authority in office shall be required to take any action in connection with the issuance of bonds, notes, or other obligations of the authority and the authorization, execution, and delivery of Olympic games contracts. If at any meeting there is less than a quorum present, a majority of those present may adjourn the meeting to a fixed time and place, and notice of such time and place shall be given in accordance with subsection (c) of this section, provided that if the notice period specified in subsection (c) of this section cannot reasonably be complied with, such notice, if any, of such adjourned meeting shall be given as is reasonably practical. The authority shall make rules and regulations for its own government, not inconsistent with this Act.
Section 7. The members of the authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties.
Section 8. The City of Atlanta, Georgia, and the United States Olympic Committee have requested the International Olympic Committee to consider their application to host the Olympic summer games. The cultural, social, and economic well-being of the people in, and the educational, commercial, and recreational resources of, the metropolitan area of the City of Atlanta and the state would be enhanced by the staging of Olympic games in the metropolitan area of the City of Atlanta and other areas of the state and such matters are of public interest and concern throughout the state.
The General Assembly has determined that it is necessary and desirable to create the authority to facilitate the undertakings required to be made to the International Olympic Committee in connection with the hosting of the Olympic summer games and to assist in the promotion of other Olympic games. Without limiting the generality of any provisions of this Act, the purposes of the authority are declared to be that of conducting and staging the Olympic summer games in conjunction with the local organizing committee, through undertaking the responsibilities and obligations of the host entity in the contracts and agreements required by the International Olympic Committee in connection with the Olympic summer games and conducting, staging, or otherwise promoting other Olympic games, and, to that end, of acquiring, constructing, equipping, maintaining, and operating any facilities within the state necessary or useful in the conduct of Olympic games, including without limitation facilities for athletic, sporting, recreational, cultural, educational, and other events, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, or leases or otherwise, housing and other accommodations for athletes and other representatives and personnel involved in Olympic games, parking facilities and parking areas in connection therewith, and any other facilities which are projects under the terms of this Act; of acquiring, constructing, equipping, maintaining, and operating recreational centers and areas, including but not limited to athletic fields, parking facilities or parking areas in connection therewith, clubhouses, gymnasiums and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvement of such facilities; of acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms, or corporations whether public or private and of doing any and all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings.
Section 9. (a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this Act including, but without limiting the generality of the foregoing, the power:
MONDAY, FEBRUARY 13, 1989
867
(1) To sue and be sued in contract and in tort and to complain and defend in all courts;
(2) To adopt and alter a corporate seal;
(3) To acquire in its own name real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain in accordance with any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under Article 2 of Chapter 2 of Title 22 of the O.C.G.A., or by gift, grant, lease, or otherwise; to insure the same against any and all risks as such insurance may, from time to time, be available; and to use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the authority and the purposes thereof. The power to acquire, use, and dispose of property provided in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party, whether public or private. Title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned under the provisions of this Act except from the funds provided under the authority of this Act and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action as may be just to the authority and to the owners of the property to be condemned. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the state or of any political subdivision or public corporation of the state, the Governor, in the case of lands controlled by the state, or the governing authorities of such political subdivisions or such public corporations are authorized to convey such lands to the authority for such consideration, not exceeding reasonable value, as may be agreed upon by the authority, as grantee, and by the Governor or by the governing body of such political subdivision or by such public corporation, as grantor, taking into consideration the public benefit to be derived from such conveyance;
(4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, engineering, architectural, and construction experts, fiscal agents, urban or city planners, and attorneys, and to fix their compensation and pay their expenses;
(5) To acquire, by purchase or otherwise, in whole or in part, and to place into operation and operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others or as agent, any project or projects;
(6) To exercise any one or more of the powers, rights, and privileges conferred by this Act either alone or jointly or in common with one or more other parties, whether public or private. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of projects, the authority may own an undivided interest in such projects with any other parties, whether public or private. The authority may enter into agreements with respect to any project with the other parties participating therein, and any such agreement may contain such terms, conditions, and provisions consistent with this Act as the parties thereto shall deem to be in their best interests. Any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such project by any one or more of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto. Such an agreement may also include provisions for methods of determining and allocating among or between the parties the costs of construction, operation, maintenance, renewals, replacements, improvements, and disposals with respect to such project. In carrying out its functions
JOURNAL OF THE HOUSE,
and activities as such agent with respect to the construction, operation, and maintenance of such project, the authority shall be governed by the laws and regulations applicable to it as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties. Notwithstanding any other law to the contrary, pursuant to the terms of any such agreement the authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to any party acting as agent, including without limitation the local organizing committee; and all actions taken by such agent in accordance with the provisions of such agreement may be made binding upon the authority without further action or approval by the authority;
(7) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts for management and operation of projects, contracts with respect to the use~of projects, and contracts with the International Olympic Committee, the United States Olympic Committee, the local organizing committee, or any other party relating to Olympic games;
(8) To finance (by loan, grant, lease, or otherwise), refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority, from payments under Olympic games contracts or from any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of which the authority is authorized to receive, accept, and use;
(9) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing;
(10) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to public or private entities to pay, all or any part of the costs of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out such purpose;
(11) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;
(12) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the authority;
(13) To contract for any period, not exceeding 50 years, with the state, any institution, department, or agency of the state, any county, municipal corporation, or other political subdivision of the state, or any public agency, public corporation, or public authority of the state, for the use by the authority of any facilities or services of any such entity, or for the use by any such entity of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such entity with which the authority contracts are authorized by law to undertake;
(14) To enter into Olympic games contracts with local governments containing such terms and conditions as the authority shall deem appropriate and in its best interests;
MONDAY, FEBRUARY 13, 1989
869
(15) To extend credit or make loans to any person, corporation, partnership (whether limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this Act in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the authority may deem necessary or desirable;
(16) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority (including, but not limited to, real property, fixtures, personal property, and revenues or other funds) and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The state, on behalf of itself and each county, municipal corporation, political subdivision, public body corporate and politic, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, public body corporate and politic, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof;
(17) To receive and use the proceeds of any tax levied by a political subdivision or taxing district of the state to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this Act;
(18) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(19) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to the best advantage of the authority and the public purpose thereof;
(20) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;
(21) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to include in its bylaws;
(22) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the state or its political subdivisions may be invested, and to purchase its own bonds and notes;
(23) To contract for, or to provide and maintain, with respect to the facilities and
property owned, leased, operated or under the control of the authority, a security force
to protect persons and property, dispense unlawful or dangerous assemblages and
870
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assemblages which obstruct full and free passage, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes a member of such force shall be a peace officer and, as such, he shall have authority equivalent to the authority of a policeman of the city or county in which he is discharging his duties;
(24) To exercise any of the powers of any governmental body under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter in effect; and
(25) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purpose of the authority or the Constitution and laws of this state, including:
(A) The retaining of legal, engineering, and other professional services; (B) The purchase of all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (C) The borrowing of money for any of the corporate purposes of the authority, provided that obligations of the authority other than revenue bonds or notes for which provision is made in this Act shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds or notes; (D) The power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and (E) The power to act as self-insurer with respect to any loss or liability and to create insurance reserves. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and elsewhere in this Act; and no such power limits or restricts any other power of the authority.
Section 10. (a) The authority shall fix such rates, fees, and charges for use of its services and facilities as shall be sufficient in the aggregate (when added to any other grants or funds available to the authority) to provide funds for the payment of the interest on and principal of all bonds, notes, and other obligations payable from said revenues and to meet all other encumbrances upon such revenues as provided by any agreement executed by the authority in connection with the exercise of its powers under this Act, and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves.
(b) The charges authorized by subsection (a) of this section may include amounts payable under Olympic games contracts. Such amounts shall be payable at such intervals as may be agreed upon and set forth in the Olympic games contract providing therefor. Any such Olympic games contract may provide for the commencement of payments to the authority prior to the completion by the authority of any project which is the subject of such Olympic games contract; may provide for the making of payments during such times as such projects may be partially or wholly not in use, whether or not any such project has been completed, is then operable, or is operating; and may provide that such payments shall not be subject to any reduction, by offset or otherwise, and shall not be conditioned upon the performance or nonperformance by any party of any agreement.
(c) The use and disposition of the authority's revenue shall be subject to the provisions of the resolutions authorizing the issuance of any bonds, notes, or other obligations of the authority payable therefrom or of the trust agreement or indenture, if any, securing the same.
(d) The authority may promulgate reasonable rules and regulations, not inconsistent with law, for the control and management of its projects, operations, properties, employees, and patrons.
Section 11. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state, and not for purposes of private or corporate benefit and income, and such properties, to the extent
MONDAY, FEBRUARY 13, 1989
871
of the authority's ownership therein, the authority, all income, obligations, and interest on bonds and notes of the authority, and all transfers of such property, bonds, or notes, shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from taxes which are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated or both by the authority.
Section 12. (a) The authority may enter into an Olympic games contract with any local government for the payment of such rates, fees, and charges as may be prescribed by the authority for the use by such local government or the residents thereof of the services and facilities of the authority. Any such local government shall have the right and power, by resolution of its governing body, to make and execute such Olympic games contracts; and the amounts contracted to be paid by such local government to the authority under such Olympic games contract shall constitute general obligations of such local government for the payment of which the full faith and credit of such local government may be pledged to provide the funds required to fulfill all obligations arising under such Olympic games contract.
(b) Such Olympic games contract may obligate the local government, to the extent permitted by law, to indemnify and hold harmless the authority from any and all damage to persons and property occurring on or by reason of any project, and may also obligate the local government to undertake, at the expense of the local government, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of any project.
(c) In the event of any failure or refusal on the part of the local government to perform punctually any covenant or obligation contained in any such Olympic games contract, the authority may enforce performance by any legal or equitable process, including specific performance.
(d) Any payments due or to become due to the authority pursuant to any Olympic games contract may be assigned by the authority to a trustee or paying agent as may be required by the terms of the resolution, trust agreement, or indenture relating to the issuance of and security for bonds, notes, or other obligations of the authority or may be assigned to the International Olympic Committee, the United States Olympic Committee, or any other party in connection with Olympic games.
(e) Any such local government shall, annually in each and every fiscal year during the term of such Olympic games contract, include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year under such Olympic games contract until all payments required under such Olympic games contract have been paid in full.
(f) If for any reason a provision or appropriation pursuant to subsection (e) of this section is not made, then the fiscal officers of such local government are authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such Olympic games contract. The amount of an appropriation made under this subsection in each fiscal year shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such Olympic games contract; and such appropriation shall have the same legal status as if the contracting local government had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the authority if for any reason such appropriation is not otherwise made.
(g) Any local government which contracts with the authority under this Act may obligate itself and its successors to use only those projects for which it has contracted and none other.
Section 13. (a) The acquisition, construction, reconstruction, improvement, equip-
ment, alteration, repair, or extension of any project, and the issuance, in anticipation of the collection of the revenues from such project, of bonds to provide funds to pay the cost
thereof, may be authorized under this Act by resolution of the authority. Unless otherwise
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provided therein, such resolution shall take effect immediately and need not be laid over or published or posted. The authority, in determining such cost, may include all costs and estimated costs of the issuance of the bonds; all engineering, inspection, fiscal, and legal expenses; the interest which it is estimated will accrue during the construction period and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation on money borrowed, or which it is estimated will be borrowed, pursuant to this Act; and all costs included in the definition of "costs of the project" as defined in Section 2 of this Act. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature owed by the authority, whether or not such bonds or other obligations shall then be subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced.
(b) Revenue bonds may be issued under this Act in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered; may be issued in any specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and upon such terms and conditions as shall be determined by the authority.
(c) The bonds shall be signed by the chairman or vice chairman of the authority; the corporate seal of the authority shall be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds shall be attested by the signature of the secretary or assistant secretary of the authority. Any coupons shall be signed in such manner as may be directed by the authority. The signatures of the officers of the authority and the seal of the authority upon any bond, note, or other obligation issued by the authority may be by facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds, notes, or other obligations issued under authority of this Act bearing signatures or facsimiles of the signatures of officers of the authority in office on the date of the signing thereof shall be valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon shall have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this Act.
(d) The provisions of this Act and of any bond resolution, indenture, or trust agreement entered into pursuant to this Act shall be a contract with every holder of the bonds; and the duties of the authority under this Act and under any such bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity.
(e) There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," the usury laws of this state, or any other laws of this state shall not apply to revenue bonds, notes, or other obligations of the authority.
Section 14. (a) All bonds issued by the authority under this Act shall be issued, and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83 of the O.C.G.A., which comprise a portion of the "Revenue Bond Law," as now or hereafter in effect, except as provided in this Act, provided that notes and other obligations of the authority may, but shall not be required to, be so validated.
MONDAY, FEBRUARY 13, 1989
873
(b) All bonds shall bear a certificate of validation signed by the clerk of the Superior
Court of Fulton County, Georgia. Such signature may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state.
(c) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(d) Any other law to the contrary notwithstanding, this Act shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by revenue bonds.
(e) The term "costs of the project" shall have the meaning prescribed in this Act whenever such term is referred to in bond resolutions of the authority, in bonds, notes, or other obligations of the authority, or in notices or proceedings to validate such bonds, notes, or other obligations of the authority.
Section 15. (a) When payments which are to be made by local governments pursuant to Olympic games contracts are pledged as security for the payment of bonds sought to be validated, the petition for validation shall make party defendant the authority and shall also make parties defendant to such action every local government which has entered into any such Olympic games contract the payments under which are to be pledged to secure the bonds to be validated.
(b) All such parties defendant shall be served and shall be required to show cause, if any exists, why such contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined and the matters and conditions imposed on the parties to such contracts and all such undertakings therein adjudicated to be valid and binding on the parties thereto.
(c) Notice of such proceedings shall be included in the notice of validation hearing to be issued and published by the clerk of the Superior Court of Fulton County, Georgia, in the newspaper in which sheriffs advertisements are published in Fulton County, Georgia. In addition to such notice required to be published in Fulton County, Georgia, such notice shall also be published in the newspaper in which sheriff's advertisements are published, once a week during each of the two weeks immediately preceding the week of the hearing, in each county in which any portion of any of the defendant local governments lie.
(d) Any citizen resident of the City of Atlanta or of any local government which is a party defendant in such proceeding may, at or before the time set for the validation hearing, intervene in the validation proceedings conducted in the Superior Court of Fulton County, Georgia, pursuant to Section 14 of this Act and may assert any ground or objection to the validity and binding effect of such contract on his own behalf and on behalf of the City of Atlanta or any local government in which he resides.
(e) No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered.
(f) An adjudication as to the validity of any Olympic games contract which is not appealed from or, if an appeal is filed, which adjudication is confirmed on appeal, shall be forever conclusive and binding against the authority, the City of Atlanta, and each local government which was a party to such proceedings, as well as each and every resident of the City of Atlanta and each such local government.
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Section 16. The bonds authorized by this Act shall be securities in which: (1) All public officers and bodies of this state; (2) All political subdivisions of this state; (3) All insurance companies and associations and other persons carrying on an
insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations,
including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business;
(5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whatsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds shall also be securities which may be deposited with and shall be received by all public officers and bodies of this state and its political subdivisions for any purpose for which deposit of the bonds or other obligations of this state is authorized.
Section 17. (a) All or any part of the gross or net revenues and earnings, including payments pursuant to Olympic games contracts, derived from any particular project and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular project for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds.
(b) Such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of:
(1) The interest upon such bonds as such interest shall become due; (2) The principal of the bonds as the same shall mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; and (4) Any premium upon bonds retired upon call or purchase. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.
Section 18. (a) In the discretion of the authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may be derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon.
(b) The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges for the use of the services or facilities of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority.
(c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties of the authority regarding the acquisition of property for and the construction of the project and regarding the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition,
MONDAY, FEBRUARY 13, 1989
875
such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of the project and may contain provisions concerning the conditions, if any, upon which additional bonds may be issued.
(d) All expenses incurred in carrying out any trust agreement or indenture under this section may be treated as a part of the cost of the project or the cost of maintenance, operation, and repair of the project affected by such trust agreement or indenture.
Section 19. (a) Proceeds of the bonds issued under authority of this Act shall be used solely for the payment of the cost of projects and shall be disbursed upon requisition or order of such person and under such restrictions as the resolution authorizing the issuance of such bonds or the trust agreement or indenture relating thereto may provide.
(b) If the proceeds of such bonds, including all series or installments of such issue, by error of calculation or otherwise, are less than the cost of projects, then, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement or indenture, additional bonds may in like manner be issued to provide the amount of such deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement or indenture, such additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund, without preference or priority, as the bonds first issued for the same purpose.
(c) If the proceeds of the bonds of any issue exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for the payment of principal and interest of such bonds.
(d) In the discretion of the authority, revenue bonds of a single issue or series or installment of such issue may be issued for the purpose of paying the cost of any one or more projects.
Section 20. (a) Any resolution authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution authorizing bonds of the authority or any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds.
(b) All notes may be general obligations of the authority, payable out of any of its funds or revenues, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding.
Section 21. (a) Neither the members of the authority nor any person executing bonds or notes on behalf of the authority shall be personally liable thereon by reason of the issuance thereof.
(b) Neither the revenue bonds or notes issued under this Act nor the instruments evidencing the obligations which constitute the security therefor shall constitute a debt of, a loan by, or a pledge of the faith and credit of the state or of any political subdivision thereof. Rather, such bonds and notes shall be payable from the revenues of the authority as provided in the resolutions, trust agreements, or indentures authorizing or securing the issuance and payment of such bonds or notes. No holder of any such bond or note, and no receiver or trustee in connection therewith, shall have the right to enforce the payment of the bond or note against any property of the state or any political subdivision thereof; nor shall any such bond or note constitute a charge, lien, or encumbrance, whether legal or equitable, upon any such property.
Section 22. (a) The authority shall make provision for a system of financial accounting and controls, audits, and reports. All accounting systems and records, auditing procedures and standards, and financial reporting shall conform to generally accepted principles of governmental accounting. Copies of each financial report required under this subsection shall be furnished to each local government which enters into an Olympic games contract. All financial records, reports, and documents of the authority shall be public records and open to public inspection under reasonable regulations prescribed by the authority.
(b) The authority shall adopt a fiscal year, establish a system of accounting and financial control, designate the necessary funds for complete accountability, and specify the basis of accounting for each such fund. The authority shall cause to be prepared a
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financial report on all funds at least quarterly and a comprehensive report on the fiscal operations and conditions of the authority annually.
Section 23. Any action to protect or enforce any rights under this Act brought in the courts of this state shall be brought in the Superior Court of Fulton County. Any action pertaining to validation of the bonds issued under this Act and pertaining to validation of the contracts constituting security for the bonds shall also be brought in the Superior Court of Fulton County. That court shall have exclusive original jurisdiction of any action referred to in this section.
Section 24. Meetings of the authority shall be subject to Chapter 14 of Title 50 of the O.C.G.A. All records of the authority shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A..
Section 25. The provisions of this Act shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being in derogation of any powers conferred by any other law.
Section 26. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 27. All laws and 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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under Y Long Y Lord Y Lucas
Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 155, nays 0.
MONDAY, FEBRUARY 13, 1989
877
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker Pro Tern assumed the Chair.
HB 70. By Representatives Parham of the 105th, Atkins of the 21st and Parrish of the 109th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for conditions, procedures, and requirements relating thereto.
The following Committee substitute was read and adopted:
A BILL
To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to authorize the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for conditions, procedures, and requirements relating thereto; to provide for situations in which no acceptable bids are received; to provide that the department may refuse to reimburse certain drug manufacturers; to provide for statutory construction; to provide for establishing one supplier or one price for certain drugs; to provide for other rebates; to provide for verification, audits, and adjustments; to provide for the applicability of certain other laws; to provide for penalties and sanctions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding after Code Section 49-4-152 a new Code section to read as follows:
"49-4-152.1. (a) The General Assembly finds that the department frequently must pay more for prescription drugs furnished to recipients of medical assistance under this article than certain health care providers pay for the same products. In order to control more effectively the costs of such drugs, the department may establish a Medicaid Prescription Drug Bidding and Rebate Program as provided in this Code section.
(b) The department may request sealed bids from prescription drug manufacturers for both brand name and generic equivalent prescription drugs specified by the department. The bids shall be proposed agreements by these manufacturers to adjust prices of drugs specified by the department to a price designated as the bid price when those drugs are supplied to recipients of medical assistance under this article. If the department has accepted a bid for a drug under this Code section, the department may not reimburse a provider of such drug for any equivalent drug not so successfully bid during the term of the contract awarded with regard to the drug so bid. The department may elect not to reimburse for any multisource drugs of a drug manufacturer which does not participate in the bid process or which bids prices considered excessive by the department.
(c) All prescription drugs for which bids are submitted must meet applicable standards of the U. S. Pharmacopoeia, the State Board of Pharmacy, and be guaranteed as meeting all requirements, regulations, and comparison data under the Federal Food, Drug, and Cosmetic Act and the regulations thereunder. The manufacturer of a drug which is bid must have an FDA approved New Drug Application or an abbreviated New Drug Application and must have a product liability insurance policy extending to pharmacy providers under this article, but the policy may condition coverage thereunder
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upon the provider's complying with all applicable federal and state laws and regulations promulgated thereunder.
(d) Nothing in this Code section shall be construed to change the practice of pharmacies having provider agreements under this article with respect to their purchases and sales of and reimbursements for drugs furnished to recipients of medical assistance under this article. Adjustment rebates in an amount determined by subtracting the bid price for such drugs from the maximum price allowed for reimbursement by the department shall be made by the successfully bidding drug manufacturer to the department and be paid quarterly to the department.
(e) In the event no acceptable bids are received for a drug for which a request for bid was made, the department may select a single drug supplier for the drug or establish one price for such drug which the department will reimburse therefor, but this shall not restrict the department from establishing one price for any drug upon which the department does not request bids.
(f) Except when in conflict with this Code section, Article 3 of Chapter 5 of Title 50, relating to state purchases by the Department of Administrative Services, shall apply to bidding and purchasing of prescription drugs by the department pursuant to this Code section. The prohibitions against financial interest in Code Section 50-5-78 shall be applicable to the commissioner and other employees of the department and any violation thereof punishable as provided in subsection (d) of that Code section. Contracts for the purchase of prescription drugs made in violation of this Code section shall be void and of no effect and liability therefor shall be the same as that provided in Code Section 50-5-79.
(g) The department is authorized to accept rebates from any drug manufacturer for providing information to that manufacturer regarding utilization by Medicaid recipients of that manufacturer's drugs as long as the anonymity of the recipients is maintained. The department is further authorized to verify and audit claims for reimbursement for drugs successfully bid, provide the manufacturers thereof with the information so obtained, and to adjust the department's claim for rebates based upon that information.
(h) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157."
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 Abernathy
Y Adams Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Baker
Balkcom Bannister Y Barfbot Y Bargeron Barnett,B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong
Y Bishop
Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman
Y Colwell
Y Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings.B Cummings.M Davis.C
N Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd
Y Foster
Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson
Y Irwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Linder Y Long Y Lord
MONDAY, FEBRUARY 13, 1989
879
Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley
Y Moody Y Moore Y Morton Y Moultrie
Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves N Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,? Y Smith.T
Y Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs
Y Vaughan Y Waddle N Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams ,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 156, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 70, by substitute, was ordered immediately transmitted to the Senate.
Representative Johnson of the 123rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 187. By Representative Randall of the 101st:
A bill to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear.
The following Committee substitute was read:
A BILL
To amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to change the provisions relating to execution hearings on failure of the principal to appear; to change time limits; to provide for filing of a fieri facias; to provide for applicability; to change the provisions relating to conditions not warranting forfeiture of a bond for failure to appear; to change the provisions relating to remission of forfeiture; to change the practices and procedures relating to forfeiture of bonds or recognizances; to repeal certain notice requirements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, is amended by striking subsection (a) of Code Section 17-6-71, relating to execution hearing on failure of the principal to appear, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The judge shall, at the end of the court day, upon the failure to appear order an execution hearing fef a date not sooner than 66 75 days but not later than 90 100 days after th such failure to appear. Notice of the execution hearing shall be given by
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JOURNAL OF THE HOUSE,
first-class mail by the clerk of court to the principal and served by certified mail to each the surety at the addresses given address listed on the bond er by personal service to the surety within 72 hours ten days of the such failure to appear at its home office er to its designated registered agent. Notice shall be served in the form ef a acire facias by certified mail, setting the date of the execution hearing."
Section 2. Said article is further amended by striking Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear and remission of forfeiture, and inserting in lieu thereof a new Code Section 17-6-72 to read as follows:
"17-6-72. (a) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the sworn written statement of a rcputabte licensed physician that the principal in on the bond was prevented from attending by some physical disability.
(b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal in on the bond was prevented from attending because he or she was detained under sentence by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia or so detained in another jurisdiction or because he or she was confined in a mental institution in the State of Georgia or in another jurisdiction. A An sworn affidavit er official written notice of the warden or other responsible officer ef the penal holding institution in which the principal has been is being detained or confined shall be considered adequate proof of the principal's detention or confinement. Presentation Upon the presentation of such affidavit er official written notice to the court clerk of the proper court and the prosecutor having jurisdiction ef over the case, along with tender the payment of costs by the surety to the sheriff ef the costs necessary to for the return of the principal, such notice shall serve as the surety's request to have for a detainer to be placed on the principal. Should the state fetl there be a failure to place a detainer en a principal who is in custody in a penal institution under sentence in another jurisdiction within 180 days ten days after such presentation and tender payment of costs, the surety shall then be relieved of liability for the appearance bond.
(c) If the prosecution does not try the charges against a defendant within a period of three years two years in the case of felonies and two years one year in the case of misdemeanors after the date of posting bond, ne judgment rendered after such period may not be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This provision shall not apply where the prosecution's failure to try the charges is due to the fault of the principal.
(d) No judgment shall be rendered on any appearance bond if it is shown to the satisfaction of the court prior to the entry of judgment on the forfeiture that the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. A swern affidavit er An official written notice of the sheriff or other responsible law enforcement officer having custody or detention of the principal shall be considered adequate proof of such custody or detention. Except in cases where the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency of the jurisdiction in which forfeiture proceedings were commenced pursuant to Code Section 17-6-70, presentation of such affidavit er official written notice to the court clerk and the prosecutor having jurisdiction of the case along with tender payment of the costs estimated cost necessary to return the principal shall act as a request that a detainer be placed against the principal. Upon the sheriff or other law enforcement officer of the jurisdiction where the case is pending assuming custody of the principal, the surety shall be relieved of the bond obligation. Should the state fail to place a detainer within a reasonable time ten days, Saturdays, Sundays, and legal holidays excluded, and after said presentation and tender the payment of costs the estimated cost necessary to return the principal, the surety shall be relieved of the bond obligation.
(e) No judgment shall be rendered on any appearance bond if it is shown to the satisfaction of the court that the surety was prevented from returning the principal to the jurisdiction because such principal was on active military duty.
(f) On application filed within 60 120 days from the payment of judgment, the court shall order remission under the following conditions:
MONDAY, FEBRUARY 13, 1989
881
(1) Provided the bond amount has been paid at any time within 90 days after judgment and the delay has not prevented the proper prosecution of the principal, the court, en motion at a hearing upon netiee having been given te the prosecuting attorney as required by paragraph (3) of this subsection, upon application to the court, said court shall direct remission of 95 percent of the bond if the amount remitted to the surety if the surety locates the principal causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused bj the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made surety apprehended and surrendered tnc dctcndant or tr tne apprcnension or surrender of tnc defendant was substantially procured or caused by the surety. Should the surety, within two years of the failure to appear, locate the principal causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, produce, or substantially cause the apprehension or surrender of the principal, or if the location of the principal by th surety causes the adjudication of the principal in the jurisdiction where the bond was made produce the principal within two years of the failure te appear^ the surety shall be entitled to a refund of 50 percent of the bond payment; and
\) l nc prosecuting attorney must oe given at least GTJ days notice Dctorc a near-
application along with the affidavits and other documentation and evidence supporttng such application. Remission shall be granted on the condition of the payment of court costs by the surety and of the expenses of returning the principal to the jurisdiction."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and lost:
Representative Poston of the 2nd moves to amend the Committee substitute to HB 187 as follows:
Page 3, line 11, strike "ten" and replace with "sixty".
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 Abernathy
Adams Y Aiken N Alford
Alien Y Athon N Atkins N Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B
Y Barnett.M YBeck N Benefield YBenn N Birdsong Y Bishop Y Bostick Y Branch
Breedlove Y Brooks
Brown YBuck Y Buford NByrd N Carrell
N Carter N Chambless Y Chance Y Cheeks N Childers Y Clark.B Y Clark.H Y Clark.L N Colbert Y Coleman N Colwell
Connell Couch Cox Y Crawford
Crosby N Cummings.B Y Cummings.M N Davis.C Y Davis.G N Davis.M Y Dixon.H N Dixon.S
Dobbs Dover N Dunn Edwards N Ehrhart Y Felton N Fennel
Y Floyd Y Foster Y Godbee Y Goodwin
Green N Greene N Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris N Hasty N Heard Y Herbert
882
JOURNAL OF THE HOUSE,
N Holcomb N Holland Y Holmes Y Hooks Y Howren Y Hudson N Irwin N Isakson Y Jackson,J
Jackson.W N Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore N Kingston Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson
N Lee Linder
N Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald N McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley
Moody N Moore Y Morion N Moultrie Y Mueller
N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett N Pannell N Parham N Parrish Y Patten
Y Pettit Y Pinkston NPoag
Porter N Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding
N Richardson N Ricketson Y Robinson
Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
N Smith.T N Smith, W YSmyre YSnow N Stancil.F N Stancil.S
Stanley
N Steele Y Stephens Y Teper
Thomas.C Y Thomas.M
N Thompson Y Thurmond
Titus
N Tolbert Y Townsend N Twiggs N Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall
Ware Watson Watts Y White Wilder N Williams.B Y Williams,J N Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 97, nays 54.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Dobbs of the 74th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 187, by substitute, was ordered immediately transmitted to the Senate.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Ways and Means:
HB 348. By Representatives Tolbert of the 58th, Williams of the 48th, McKinney of the 35th, Linder of the 44th, Lawrence of the 49th and others:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipalities, and other political subdivisions, so as to require independent appraisals as a necessary condition for the purchase of real property by political subdivisions and certain public authorities.
Under the general order of business, established by the Committee on Rules, the follwoing Bills of the House and Senate were taken up for consideration and read the third time:
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.
The following amendment was read and adopted:
Representative Childers of the 15th moves to amend SB 38 as follows: By adding a new paragraph (4) Page 2 to read:
MONDAY, FEBRUARY 13, 1989
883
"The provision of this Act shall be subject to the necessary appropriations being provided to fund this Act".
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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
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 Y Colwell
Connell
Couch Cox Y Crawford Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon,S Y Dobbs
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord
Lucas Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter
Y Poston Y Powell
Y Rainey Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre
YSnow Y Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas,M Y Thompson Y Thurmond
Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall YWare
Watson Watts Y White Y Wilder Y Williams.B Y Williams.J Y Yates 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.
Representative Buck of the 95th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 440. By Representatives Jackson of the 9th, Mangum of the 57th, Athon of the 57th and Dover of the llth:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to expenses and per diem of members of county boards of education, so as to authorize county boards of education to provide group medical and dental insurance for its members and provide conditions and limitations relating thereto.
The following Committee substitute was read:
890
JOURNAL OF THE HOUSE,
Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle 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 Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, as amended, the ayes were 155, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 567. By Representatives Coleman of the 118th, Green of the 106th, McDonald of the 12th, Walker of the 115th and Childers of the 15th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a loan program for certain physicians who agree to practice medicine in physician underserved rural areas of Georgia; to provide for a short title.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HB 567 by striking from line 6 on page 3 the following:
"or general surgery." and inserting in lieu thereof the following:
"general surgery, psychiatry, or other medical specialties approved by the board."
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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford 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.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith.L Y Smith.P
Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson
MONDAY, FEBRUARY 13, 1989
891
Y Thurmond
Y Titus Y Tolbert YTownsend
Y Twiggs Y Vaughan Y Waddle 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 Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 489. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 4 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to corporate net worth tax, so as to change the date upon which tax returns and payments are due.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 414. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 22 of the Official Code of Georgia Annotated, known as "The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973," so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies.
The following Senate amendment was read:
Amend HB 414 by adding on page 2, line 11, after the word "instrumentality" the following:
", excluding electric membership corporations as defined in paragraph (3) of Code Section 46-3-171".
Representative Lane of the 27th moved that the House agree to the Senate amendment to HB 414.
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett.M
Beck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove
Y Brooks Y Brown
Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Y Colbert
Coleman
Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Green
892
JOURNAL OF THE HOUSE,
Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R
Y Langford
Y Lawrence
Y Lawson
YLee
Y Linder
Y Long
YLord
Lucas
Y Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Rainey Y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson
Y Ricketson
Y Robinson
Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre
Y Snow Y Stancil.F
Y Stancil.S
Stanley Y Steele
Stephens
Y Teper
Thomas.C
Thomas.M Y Thompson
Y Thurmond Y Titus
Y Tolbert
Y Townsend
Y Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware
Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the motion, the ayes were 155, nays 0. The motion prevailed.
Representative Hanner of the 131st arose to a point of personal privilege and addressed the House.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, FEBRUARY 14, 1989
893
Representative Hall, Atlanta, Georgia Tuesday, February 14, 1989
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. Alan Posey, Pastor, Oxford Baptist Church, Oxford, 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 778. By Representative Lane of the 27th: A bill to amend an Act providing an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of said county who is 70 years of age or over or disabled, subject to certain income limitations, so as to change the provisions relative to determination of disability.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 779. By Representative Walker of the 85th: A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
Referred to the Committee on State Planning & Community Affairs - Local.
894
JOURNAL OF THE HOUSE,
HB 780. By Representatives Aiken of the 21st, Clark of the 20th, Howren of the 20th, Ehrhart of the 20th, Atkins of the 21st and others:
A bill to create the Downtown Smyrna Development Authority; to provide for the appointment of the members of the authority and their terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 781. By Representative Edwards of the 112th:
A bill to amend an Act to change the number of members of the board of education of Taylor County, so as to provide for compensation for members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 782. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the expense allowance of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 783. By Representative Oliver of the 121st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Tattnall County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 784. By Representative Holmes of the 28th:
A bill to provide for two additional judges of the superior court of the Atlanta Judicial Circuit; to provide for the initial appointment and subsequent election of such judges and of their successors; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for two additional judges of the superior court.
Referred to the Committee on Judiciary.
HB 785. By Representative Jackson of the 9th:
A bill to amend Code Section 40-2-90 of the Official Code of Georgia Annotated, relating to operation of vehicles registered in other states, so as to clarify the time period within which a nonresident must register such motor vehicle in Georgia.
Referred to the Committee on Motor Vehicles.
HB 786. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Doerun, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
TUESDAY, FEBRUARY 14, 1989
895
HB 787. By Representative Childers of the 15th:
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 that certain reports and records relating to child abuse and deprivation, and certain identifying information contained therein, shall be confidential and may not be disclosed except under certain circumstances.
Referred to the Committee on Judiciary.
HB 788. By Representative Watson of the 114th:
A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission generally, so as to change certain provisions relating to the power and authority of the Public Service Commission to prescribe rules and regulations for the safe installation and safe operation of all gas transmission and distribution facilities within this state.
Referred to the Committee on Industry.
HB 789. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to create the Rome-Floyd County Commission on Children and Youth.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 790. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and council members.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 791. By Representative Ricketson of the 82nd:
A bill to amend an Act recreating the board of commissioners of Wilkes County, so as to change the provisions relating to the compensation of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 792. By Representatives Ehrhart of the 20th, Clark of the 20th, Isakson of the 21st, Vaughan of the 20th and Aiken of the 21st:
A bill to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and the furnishing of information, so as to provide that the commissioner of revenue shall design the Georgia income tax return form so as to allow a taxpayer to assign a portion of an income tax refund to the Georgia Building Authority (Penal) to be used for the specific purpose of funding the construction of penal and correctional institutions and facilities.
Referred to the Committee on Ways & Means.
898
JOURNAL OF THE HOUSE,
HR 239 Do Pass SB 113 Do Pass HB 587 Do Pass
HB 592 Do Pass HB 628 Do Pass
Respectfully submitted, /s/ Mangum of the 57th
Chairman
Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks 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 105 Do Pass
Respectfully submitted, /s/ Rainey of the 135th
Chairman
Representative Dover of the llth District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 319 Do Pass, by Substitute HB 568 Do Pass
HB 569 Do Pass HB 581 Do Pass
Respectfully submitted, /s/ Dover of the llth
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 123 Do Pass, by Substitute HB 218 Do Pass, by Substitute HB 556 Do Pass, by Substitute HB 611 Do Pass SB 103 Do Pass
SB 104 Do Pass, as Amended SB 142 Do Pass SB 167 Do Pass SB 139 Do Pass HB 139 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman
TUESDAY, FEBRUARY 14, 1989
899
Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 622 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 17th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 31 Do Pass, as Amended
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th 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 562 Do Pass HB 669 Do Pass HB 680 Do Pass HB 740 Do Pass HB 741 Do Pass HB 747 Do Pass
HB 748 Do Pass HB 760 Do Pass HB 763 Do Pass HB 767 Do Pass SB 247 Do Pass SB 253 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 14, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:
900
JOURNAL OF THE HOUSE,
HB 182 HB 204 HB 337 HB 340 HB 364 HB 380 HB 427 HB 488 HB 514 HB 637 HB 670
Insurers: Loss Reserve Report: Filing Requirements Pest Control: Applications: Post Certain Signs School Bus Drivers: Employment Change: Transfer Unused Sick Leave Real Estate Commission: Maintain Certain Records: Licensing Workplace Hearing Conservation Program: Testing Evidence: Records Obtained From Public Safety Department State Contracts: Appr. by Bd. of Tech. & Adult Ed.: Cert. Exemp. Sales Tax: Videotape Rentals: Exemptions Georgia Insurers Insolvency Pool: Amend Provisions Tax Execution: Required Notification MARTA: Operating Costs: Use of Certain Interest
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 562. By Representative Bannister of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change certain provisions relating to the election and taking of office of mayor and council members.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 669. By Representative Bannister of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, 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 680. By Representatives Royal of the 144th, Long of the 142nd and Titus of the 143rd:
A bill to provide for the Board of Education of Thomas County; to provide for the election and terms of 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.
TUESDAY, FEBRUARY 14, 1989
901
HB 740. By Representative Walker of the 115th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry, so as to change provisions relative to the adoption of ordinances.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 741. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating the State Court of Houston County, so as to change provisions relating to the solicitor of said court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 747. 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 tax commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 748. By Representative Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners for Baker County, so as to authorize and empower the board of commissioners to employ and fix the compensation of a clerk of the board of commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 760. By Representatives Hanner of the 131st and Holland of the 136th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
902
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 763. By Representative Stancil of the 66th:
A bill to repeal an Act known as the "Oconee Utility Authority Act" (formerly the "Oconee County Public Utility Authority Act"), to provide for the disposition of all of the property, whether real, personal, tangible, intangible, or otherwise, of the authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 767. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and solicitor of said court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 247. By Senator Baldwin of the 29th:
A bill to amend an Act creating a new charter for the City of LaGrange in Troup County, as amended, so as to authorize the Board of Education of the City of LaGrange to elect and appoint a Superintendent of the LaGrange School System for a term not to exceed four years.
The report of the Committee, which was favorable to the passage of the Bill, was 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 253. By Senator Harris of the 27th:
A bill to place the clerk of the Superior Court of Monroe County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the clerk's office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 14, 1989
903
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 281. By Senator Kidd of the 25th:
A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, as amended, so as to repeal certain provisions relating to residency requirements for employees of the city; to change the provisions relating to fines imposed by the judge of the municipal court.
HB 411. By Representative Colbert of the 23rd:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, so as to change the maximum fine which may be imposed by the judge of the municipal court.
HB 550. By Representatives Hasty of the 8th, Barnett of the 10th and Stancil of the 8th:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County on the salary system in lieu of fees, so as to provide for a supplement to the compensation of the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County.
HB 615. By Representative Rainey of the 135th:
A bill to amend an Act reincorporating the City of Cordele and providing a new charter for said city, so as to change the provisions relating to the election and terms of office of the members of the City Commission; to revise completely the provisions relating to the court of said city and to provide for a municipal court.
SB 212. By Senator Barnes of the 33rd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide that in cases where a parent who has been awarded custody of a child voluntarily surrenders actual physical custody of the child to the noncustodial parent, such noncustodial parent shall be relieved from any obligation to pay child support for such child until the child is returned to the custodial parent.
SB 213. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses.
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JOURNAL OF THE HOUSE,
SB 229. By Senator Edge of the 28th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for additional functions and powers of hospital authorities; to provide for additional purposes for which proceeds of the sale of a hospital may be expended.
SB 234. By Senator Baldwin of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," so as to provide for unfair trade practices with regard to medicare supplement insurance; to provide for editorial revision; to provide for definitions; to provide for applicability; to provide standards for provisions of medicare supplement insurance policies.
SB 238. By Senators Peevy of the 48th, Deal of the 49th and Allgood of the 22nd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody
SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.
SB 242. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to create the honorary office of police chief emeritus.
SB 251. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to local indigent defense programs generally, so as to authorize the General Assembly to create the office of public defender by local law and to provide for the method of selection, powers, duties, authority, and funding of such office; to provide an effective date.
SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.
SB 262. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Department of Public Safety, so as to change certain qualifications.
TUESDAY, FEBRUARY 14, 1989
905
HB 254. By Representatives Crawford of the 5th and Smith of the 16th:
A bill to amend Code Section 21-2-409 of the Official Code of Georgia Annotated, relating to assisting electors who cannot read or who have physical disabilities, so as to provide that blind electors shall not be required to take an oath in order to receive assistance in voting.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
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 provide for special license plates for commemorating colleges or universities; to provide that applications for such special license plates shall be made to the commissioner.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:
SR 103. By Senators Gillis of the 20th, McKenzie of the 14th and English of the 21st:
A resolution creating the Joint Study Committee on Solid Waste Management.
HR 66. By Representative Greene of the 130th: A resolution designating the George S. Lee Causeway.
HR 110. By Representative Crawford of the 5th: A resolution designating the Juliette Gordon Low Highway.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 212. By Senator Barnes of the 33rd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide that in cases where a parent who has been awarded custody of a child voluntarily surrenders actual physical custody of the child to the noncustodial parent, such noncustodial parent shall be relieved from any obligation to pay child support for such child until the child is returned to the custodial parent.
Referred to the Committee on Judiciary.
SB 213. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses.
Referred to the Committee on Motor Vehicles.
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JOURNAL OF THE HOUSE,
SB 229. By Senator Edge of the 28th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for additional functions and powers of hospital authorities; to provide for additional purposes for which proceeds of the sale of a hospital may be expended.
Referred to the Committee on Health & Ecology.
SB 234. By Senator Baldwin of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance and known as the "Georgia Insurance Code," so as to provide for unfair trade practices with regard to medicare supplement insurance; to provide for editorial revision; to provide for definitions; to provide for applicability; to provide standards for provisions of medicare supplement insurance policies.
Referred to the Committee on Insurance.
SB 238. By Senators Peevy of the 48th, Deal of the 49th and Allgood of the 22nd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody cases.
Referred to the Committee on Judiciary.
SB 239. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.
Referred to the Committee on Judiciary.
SB 242. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to create the honorary office of police chief emeritus.
Referred to the Committee on Public Safety.
SB 251. By Senator Peevy of the 48th:
A bill to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to local indigent defense programs generally, so as to authorize the General Assembly to create the office of public defender by local law and to provide for the method of selection, powers, duties, authority, and funding of such office; to provide an effective date.
Referred to the Committee on Judiciary.
TUESDAY, FEBRUARY 14, 1989
907
SB 260. By Senator Bowen of the 13th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change certain provisions relative to the organization of the headquarters staff; to abolish the position of deputy commissioner.
Referred to the Committee on Public Safety.
SB 262. By Senators Bowen of the 13th and Timmons of the llth:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Department of Public Safety, so as to change certain qualifications.
Referred to the Committee on Public Safety.
SB 281. By Senator Kidd of the 25th:
A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, as amended, so as to repeal certain provisions relating to residency requirements for employees of the city; to change the provisions relating to fines imposed by the judge of the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 103. By Senators Gillis of the 20th, McKenzie of the 14th and English of the 21st:
A resolution creating the Joint Study Committee on Solid Waste Management.
Referred to the Committee on Natural Resources & Environment.
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 488. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to change provisions relating to the exemption for the rental of motion picture film; to make provisions for exemption of certain rentals of videotape.
The following amendment was read and adopted:
Representatives Groover of the 99th and Coleman of the 118th move to amend HB 488 as follows:
By placing a period after "videotape" on line 16, page 1, and striking from there through line 19.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
908
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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Connell Y Couch Cox Y Crawford Crosby Y Cummings.B Cummings.M Y Davis.C N Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover N Hamilton Manner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie N Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Randall Y Ransom Ray Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, as amended, the ayes were 151, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Mueller of the 126th stated that she inadvertently voted "nay" on the preceding roll call. She wished to he recorded as voting "aye" thereon.
HB 427. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Code Section 45-12-132 of the Official Code of Georgia Annotated, relating to contracts which are exempt from certain requirements relating to state contracts, so as to provide that contracts approved by the State Board of Technical and Adult Education shall be exempt from such requirements.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
N Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Beck Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chamblesi Y Chance Y Cheeks Y Childers
TUESDAY, FEBRUARY 14, 1989
909
Y Clark.B Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings,B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green
Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord
Y Lucas Y Lupton Y Mangum
Martin Y McCoy
Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett
Y Pannell
Y Parham Y Parrish
Patten
Y Pettit Pinks ton
YPoag Y Porter Y Poston Y Powell
Rainey Randall
Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson
Y Robinson Y Royal
Selman
Y Simpson Y Sinkfield Y Smith.L
Y Smith.P Smith.T
Y Smith, W
Y Smyre YSnow
Y Stancil.F
Y StanciLS Y Stanley Y Steele
Stephens Y Teper
Thomas.C Y Thomas.M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates 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 Pro Tem assumed the Chair.
HB 182. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to require property and casualty insurers to engage the services of a qualified independent loss reserve specialist under certain circumstances.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization for general requirements for transaction of insurance, so as to provide for a definition; to require certain property and casualty insurers to engage qualified loss reserve specialists; to provide for the duties of such specialists; to provide for reports: to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization for general requirements for transaction of insurance, is amended by adding, following Code Section 33-3-21.1, a new Code Section 33-3-21.2 to read as follows:
"33-3-21.2. (a) As used in this Code section, the term 'qualified loss reserve specialist' means a person who is a member of the American Academy of Actuaries or possesses such other experience acceptable to the Commissioner to assure a professional opinion on the adequacy of the loss and loss adjustment expense reserves of the insurer.
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(b) Every property and casualty insurer required to file an annual report with the Commissioner which has not filed a statement of opinion relating to loss and loss adjustment expense reserves in connection with its last annual statement on file with the department shall engage, whenever the insurer's loss and loss adjustment expense reserves are outside the standard or average range as designated by the Commissioner and based upon reliable and credible current information, a qualified loss reserve specialist to analyze the adequacy of such reserves and file a report with the Commissioner on a date to be specified by the Commissioner."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford Crosby
Y Cummings.B Cummings.M
Y Davis.C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart
Felton Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald
McKelvey McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish
Patten Y Pettit Y Pinkston YPoag
Y Porter Y Postal Y Powell
Rainey Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Smith.T
Y Smith,W Smyre
YSnow Y Stancil.F
Y Stancil,S Y Stanley Y Steele
Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 637. By Representatives Barnett of the 10th, Harris of the 84th and Birdsong of the 104th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfer of certain tax executions, so as to change and revise the provisions regarding notification of the individual against whom such an execution has been issued.
TUESDAY, FEBRUARY 14, 1989
911
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Y Colwell Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Banner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton N Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter
Y Poston Y Powell
Rainey Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.P Y Stancil.S Y Stanley Y Steele
Stephens YTeper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle 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 Yates
Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed.
HB 340. By Representatives Byrd of the 153rd, Watson of the 114th and Bargeron of the 108th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to provide for qualifications of real estate brokers; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission shall maintain certain records; to clarify a reference regarding the authority of a nonresident corporation to transact business in Georgia; to provide for permitted activities of licensed brokers of other states; to provide for written agreements between Georgia brokers and licensed brokers of other states; to provide conditions for the reinstatement of licenses which have lapsed for longer than ten years; to provide for editorial revision and remove certain masculine references; to provide conditions under which a
914
JOURNAL OF THE HOUSE,
\KJ----j\new of tnc violstion find 191 led to stteinpt to prevent ttj (3) Participated m the violation; er
(1) Had reasonable procedures in place for supervising the affiliate's actions; (2) Did not participate in the violation; and (3) Did not ratify the violation. No provision of this subsection shall be construed as altering the provisions of Code Section 43-40-30.1. (c) The real estate brokerage activities of each firm shall be under the direct management and supervision of a broker or qualifying broker. The broker or qualifying broker shall be responsible for establishing, implementing, and continuing procedures for: (1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations; (2) Providing programs for study and review of this chapter and its rules and regulations for all licensed associates; (3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, management agreements, and offers to buy, sell, lease, or exchange real property secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract; (4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations; (5) Ensuring that the firm pays to its affiliated licensees commissions for performing the acts of a licensee only if they maintain valid, current real estate licenses and that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure; (6) Ensuring that proper disbursements are made from trust accounts; (7) Providing continuing and reasonable safekeeping for all records related to real estate transactions which this chapter and its rules and regulations require a broker to maintain; (8) Providing all licensed personnel with written policies and procedures under which they are expected to operate; (9) Seeing that the firm and all licensed affiliates enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the commission shall not regulate the content of such agreements or enforce their provisions; and
(10) Assuring that during normal business hours an individual with appropriate management authority is available to assist licensees and the public in real estate transactions handled by the firm.
(d) While a broker or qualifying broker may elect to delegate any of the management duties cited in subsection (c) of this Code section, such broker or qualifying broker is responsible for the acts of the person to whom such duty is delegated.
(e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying broker for a firm which operates as a partnership must be a partner. The qualifying broker for a firm which operates as a corporation must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains."
Section 7. Said chapter is further amended by striking subparagraph (d)(3)(A) of Code Section 43-40-22, relating to the real estate education, research, and recovery fund, and inserting in its place a new subparagraph (d)(3)(A) to read as follows:
"(A) fe At the time of the cause of action, was not a spouse er of the judgment debtor; or a parent, sibling, or child of the judgment debtor or the judgment debtor's spouse; or the personal representative of such spouse person or persons;".
TUESDAY, FEBRUARY 14, 1989
915
Section 8. Said chapter is further amended by striking Code Section 43-40-25, relating to violations by licensees, schools, and instructors generally, and inserting in its place a new Code Section 43-40-25 to read as follows:
"43-40-25. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act," the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate^ whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following:
(1) Refusing because of race, color, sex, religion, or national origin to show, sell, or rent any real estate for sale or rent to prospective purchasers or renters;
(2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted;
(3) Failing to account for and remitting remit any money coming into his the licensee's possession which belongs to others;
(4) Commingling the money or other property of his the licensee's principals with his the licensee's own;
(5) Failing to maintain and deposit in a separate, noninterest-bearing checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing;
(6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal;
(7) Representing or attempting to represent a real estate broker, other than the broker holding his the licensee's license, without the express knowledge and consent of the broker holding his the licensee's license;
(8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker;
(9) Acting in the dual capacity of agent and undisclosed principal in any transaction;
(10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property;
(11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or his the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing;
(12) Offering real estate for sale or lease without the knowledge and consent of the owner or his the owner's authorized agent or on terms other than those authorized by the owner or his the owner's authorized agent;
(13) Inducing any party to a contract of sale or lease, a listing contract, or a management agreement to break such contract or agreement for the purpose of substitut-
ing in lieu thereof a new contract or agreement with another principal; (14) Negotiating a sale, exchange, or lease of real estate directly with an owner or
lessor if h the licensee knows that such owner has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker;
918
JOURNAL OF THE HOUSE,
"(b) It shall be unlawful for any person, directly or indirectly, to engage in or con-
duct the business of, or advertise or hold himself or herself out as engaging in or con-
ducting the business of, or act in the capacity of, a licensee within this state without
first obtaining a license as provided in this chapter unless such person is exempted from
obtaining a license under Code Section 43-40-29. Except as provided by subsection (d)
of Code Section 43-40-29, it shall be unlawful for a real estate licensee to permit an unli-
censed i
erform the acts of a real estate licensee in behalf of such licensee."
Section 11. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
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
Connell Y Couch
Cox Y Crawford
Crosby Y Cummings,B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinks ton YPoag
Porter Y Poston Y Powell
Rainey Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith,P
Smith.T Y Smith.W
Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson YWatta Y White Y Wilder Y Williams,B Y Williams,J Y Yates 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.
HB 670. By Representatives Couch of the 36th, Lane of the 27th, Alford of the 57th, Townsend of the 24th, Coleman of the 118th and others:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," to permit the use of interest earned on certain reserve funds to pay operating costs; to include interest earned on certain reserve funds in the definition of transit operating revenue.
The following amendment was read and lost:
TUESDAY, FEBRUARY 14, 1989
919
Representative Morton of the 47th moves to amend HB 670 as follows: On Page 2, line 26 strike the punctuation after the word "agency" to read: "agency or".
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
N Clark.H
Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford Crosby
Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G N Davis.M
Dixon.H Y Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson
YLee N Linder
YLong YLord Y Lucas Y Lupton N Mangum
Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag
Porter
Y Poston Y Powell
Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele
Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond N Titus
Y Tolbert Y Townsend Y Twiggs N Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall Y Ware
Watson
Y Watts Y White Y Wilder Y WilliamsJB Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 149, nays 8. The Bill, having received the requisite constitutional majority, was passed.
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.
HB 364. By Representatives Byrd of the 153rd, Green of the 106th and Watson of the 114th:
A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to authorize the performance of hearing tests by a technician as part of a workplace hearing conservation program.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
920
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong Y Lord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Y Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Steele
Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Vaughan
Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 514. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd, Robinson of the 96th and Jones of the 71st:
A bill to amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Insurers Insolvency Pool, so as to provide what shall be considered a covered claim for unearned premium; to provide exclusions to the definition of property and casualty insurance; to provide that the pool as a legal entity and any of its individual members shall have no cause of action against an insured of an insolvent insurer for sums paid by the pool.
The following Committee substitute was read:
A BILL
To amend Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Insurers Insolvency Pool, so as to provide what shall be considered a covered claim for unearned premium; to provide exclusions to the definition of property and casualty insurance; to provide that the pool as a legal entity and any of its individual members shall have no cause of action against an insured of an insolvent insurer for sums paid by the pool; to provide for reduction of claims recoverable from similar funds in other states; to provide that a claim filed with the pool, ancillary receiver, or liquidator after a date set by the court shall not be considered a covered claim; to prohibit the entering of
TUESDAY, FEBRUARY 14, 1989
921
a default judgment against the pool; to provide for exhaustion of rights under insurance policies and for reductions of amounts recoverable against the pool; to prohibit references to membership in the pool in advertisements for insurance; to provide 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. Chapter 36 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Insurers Insolvency Pool, is amended by adding at the end of paragraph (2) of Code Section 33-36-3, relating to definitions, a new subparagraph (I) to read as follows:
"(I) A covered claim shall include a claim for unearned premium only if such claim derives from the payment of a stated premium and shall not include those which derive from an unstated premium such as calculated from audit, deposit, or retrospect plans. A covered claim shall not include a claim for unearned premium resulting from a policy which was not in force on the date of the final order of liquidation."
Section 2. Said chapter is further amended by striking paragraph (7) of Code Section 33-36-3, relating to definitions, and inserting in its place a new paragraph (7) to read as follows:
"(7) 'Property and casualty insurance policies' or 'policy' means any contract, including endorsements to such contract and without regard to the nature or form of the contract or endorsement, which provides coverages as enumerated in Code Sections 33-7-3 and 33-7-6, except:
(A) Life insurance and annuities (being that class of insurance referred to in Code Section 33-7-4);
(B) Accident and , health, and disability insurance except where written as part of an automobile insurance contract (being that class of insurance referred to in Code Section 33-7-2);
(C) Title insurance (being that class of insurance referred to in Code Section 33-7-8);
(D) Credit life insurance (being that class of insurance referred to in paragraph (2) of Code Section 33-31-1); or
(E) Credit insurance (being that class of insurance referred to in paragraph (8) of Code Section 33-7-3); ;
(F) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks;
(G) Fidelity surety bonds or any other bonding obligations; (H) Insurance of warranties or service contracts; (I) Ocean marine insurance; or (J) Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by the transfer of insurance risk."
Section 3. Said chapter is further amended by striking subsection (d) of Code Section 33-36-6, relating to the adoption by the insolvency pool of a plan to govern members and rights of the pool and of claimants, and inserting in its place a new subsection (d) to read as follows:
"(d) The pool as a legal entity and any of its individual members shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out. The pool shall be subrogated to the rights of any insured or claimant, to the extent of a covered claim, to participate in the distribution of assets of the insolvent insurer to the extent that the pool has made payment. Any claimant or insured entitled to the benefits of this chapter shall be deemed to have assigned to the pool, to the extent of any payment received, his rights against the estate of the insolvent insurer. The pool shall receive the benefit of any reinsurance contracts or treaties entered into by the insolvent insurer which cover any of the liabilities insured by the insolvent insurer with respect
922
JOURNAL OF THE HOUSE,
to covered claims. After determination of insolvency of any insurer, the pool shall be a party in interest in all proceedings involving policies insured or assumed by the pool with the same rights to receive notice and defend, appeal, and review as the insolvent insurer would have had if solvent. All moneys recovered under this Code section or any other Code section shall be added to the assessments collected under Code Section 33-36-7."
Section 4. Said chapter is further amended by striking Code Section 33-36-10, relating to the recovery of covered claims recoverable under the insolvency funds of other states, and inserting in its place a new Code Section 33-36-10 to read as follows:
"33-36-10. (a) It is not the purpose of this chapter to provide or permit duplicate recoveries of covered claims under this chapter and an insolvency fund or its equivalent of any other state. In the construction and application of this chapter with respect to a covered claim which may be recoverable under this chapter and under an insolvency fund or its equivalent in another state, the sole recovery: (1) with respect to a workers' compensation claim, shall be under the insolvency fund or its equivalent of the state of residence of the claimant; (2) with respect to a first-party claim of an insured for damage to or destruction of property with a permanent location, shall be under the insolvency funda ef fund or its equivalent of the state where the property is permanently situated; and (3) with respect to any other covered claim, shall be under the insolvency fund or its equivalent of the state of residence of the insured.
(b) Any recovery obtained from the pool pursuant to this chapter shall be reduced by those amounts recovered in any other state from a similar or equivalent insolvency fund in such state when the recovery was obtained by the same claimant for the same claim filed against the pool in this state."
Section 5-. Said chapter is further amended by striking Code Section 33-36-11, relating to the procedure for proof and allowance of covered claims, and inserting in its place a new Code Section 33-36-11 to read as follows:
"33-36-11. (a) Except for (1) voluntary settlements or compromises between a claimant and an assignee-insurer on behalf of the pool or (2) a final judgment, other than a default judgment, against the insured or insurer in a court of competent jurisdiction rendered prior to the determination of insolvency of the insurer, the proof and allowance of a covered claim shall be governed by Code Sections 33-37-44 and 33-37-45; provided, however, in no case shall a covered claim include any claim filed with the pool, ancillary receiver, or liquidator after the final date set by a court for the filing of claims against the liquidator or ancillary receiver of an insolvent insurer.
(b) The pool may not be found in default. No default judgments may be entered against the pool, the insolvent insurer, or the insured of the insolvent insurer after the instigation of an insolvency proceeding prior to a finding of insolvency, nor during the pendency of insolvency proceedings, nor during a 120 day stay following a finding of insolvency.
(c) In no instance may a finding of default or the entry of a default judgment against an insurer be applicable or enforceable against the pool or the insured of the insolvent insurer."
Section 6. Said chapter is further amended by striking subsection (a) of Code Section 33-36-14, relating to the requirement of exhaustion of rights under insurance policies prior to recovery from the insolvency pool, and inserting in its place a new subsection (a) to read as follows:
"(a) Any person, including any individual, partnership, association, or corporation, having a claim against his insurer under &tty insolvency provision contained in his insurance policy, wnicn claim arises out ot tnc insolvency ot 8 participating insurer, snail i&e rcquirco. to cxnaust tirst nis rignts unolcr tnc policy; and nis rignts to recover sucn claim under this chapter shall be reduced accordingly, an insured under a policy issued by an insolvent insurer, which claim is a covered claim and is also a claim within the coverage of any policy issued by a solvent insurer, shall be required to exhaust first his rights under such policy issued by the solvent insurer. The policy of the solvent insurer shall
TUESDAY, FEBRUARY 14, 1989
923
be treated as primary coverage and the policy of the insolvent insurer shall be treated as secondary coverage and his rights to recover such claim under this chapter shall be reduced by any amounts received from the solvent insurers."
Section 7. Said chapter is further amended by adding after Code Section 33-36-18, relating to appeals to the Commissioner, a new Code section to be designated Code Section 33-36-19 to read as follows:
"33-36-19. (a) No person, including an insurer or agent or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, letter, or poster; over any radio station or television station; or in any other way any advertisement, announcement, or statement which uses the existence of the pool for the purposes of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter. This Code section shall not apply to the pool or any other entity which does not sell or solicit insurance.
(b) Any person who violates subsection (a) of this Code section may, after notice and hearing and upon order of the Commissioner, be subject to one or both of the following:
(1) A monetary penalty of not more than $1,000.00 for each act or violation, but not to exceed an aggregate penalty of $10,000.00; or
(2) Suspension or revocation of his license or certificate of authority."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Kingston of the 125th moves to amend the Committee substitute to HB 514 as follows:
On page 2, line 3 insert the word "dividend" between "audit" and "deposit".
Representative Kingston of the 125th moves to amend the Committee substitute to HB 514 as follows:
On page 7, line 21, add Section 9
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.".
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 Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Y Beck Y Benefield Y Benn
Birdsong Y Bishop
Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford
Y Byrd Y Carreli
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Y Clark.L Colbert Coleman Colwell Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd
Foster Godbee Y Goodwin Y Green Y Greene Y Gresham Griffin Y Groover Y Hamilton
924
JOURNAL OF THE HOUSE,
Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D
Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Under YLong YLord Y Lucas
Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morion Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall
Ransom YRay
Y Reaves Y Redding
Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele
Stephens Y Teper Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J
Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Speaker assumed the Chair.
The following Resolution of the House was read:
HR 278. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Groover of the 99th, Connell of the 87th and Edwards of the 112th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, February 16, 1989, and shall reconvene at 10:00 A.M. on Monday, February 20, 1989.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Barfoot
Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick
Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Y Connell Couch Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham
Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder YLong YLord
Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
TUESDAY, FEBRUARY 14, 1989
925
Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
Rainey Y Randall
Ransom Y Ray Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Steele
Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution was adopted.
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 204. By Representatives Smith of the 16th and Hudson of the 117th:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Pesticide Use and Application Act of 1976," so as to provide for the posting of certain signs regarding the applications of pesticides and prevent the removal, alteration, or defacement of those signs except under certain conditions; to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to persons engaged in structural pest control so as to require certain licensees to furnish information regarding pesticides.
The following Committee substitute was read and adopted:
A BILL
To amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Pesticide Use and Application Act of 1976," so as to provide for the posting of certain signs regarding the applications of pesticides and prevent the removal, alteration, or defacement of those signs except under certain conditions; to provide for written notices to certain property owners; to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to persons engaged in structural pest control, so as to require certain licensees to furnish information regarding pesticides which are to be applied and to provide for advance notice of such application; 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 7 of Title 2 of the Official Code of Georgia Annotated, the "Georgia Pesticide Use and Application Act of 1976," is amended by adding immediately following Code Section 2-7-111 a new Code section to read as follows:
"2-7-111.1. (a) Any person who applies a pesticide to a lawn or to any exterior landscape plant, except a person who applies such a pesticide to a lawn or any exterior landscape plant located upon property upon which is located the residence of only that person or the family thereof and except a person who applies such a pesticide to lawn grasses or landscape plants held or produced for sale, whether or not that person is regulated under this article, shall, at the time of application:
(1) Post a sign in such form as the Commissioner of Agriculture may prescribe but not less than six inches by eight inches in size, in letters at least three-quarters of an inch in height, and containing the following information:
926
JOURNAL OF THE HOUSE,
(A) 'Caution - Pesticide Application' or 'Warning - Pesticide Application'; and (B) The name and telephone number of the person or company who applied the pesticide; and (2) Provide in writing to the owner of the property: (A) The common name of the pesticide or active ingredient applied; and (B) The telephone number of the nearest poison control center. (b) No person may remove, alter, or deface a sign within 24 hours after its posting pursuant to the provisions of subsection (a) of this Code section nor agree or conspire with another to remove or deface that sign within 24 hours after its posting. The person posting such sign shall not be responsible for removing such sign, but the owner of such property may remove the sign following the expiration of the 24 hour period after its posting. (c) A sign required to be posted pursuant to subsection (a) of this Code section shall be clearly visible either: (1) From the principal place of access to the property; or (2) On the portion of the property where the pesticide is applied."
Section 2. Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to persons engaged in structural pest control, is amended by adding immediately following Code Section 43-45-15 a new Code section to read as follows:
"43-45-15.1. (a) When a pesticide is applied by a licensee or at the time a customer enters into a contract with a licensee involving the application of a pesticide, that licensee shall provide the customer for whom the pesticide is to be applied with the following written information:
(1) The name of the licensee and the agent or employee who will apply the pesticide;
(2) The telephone number of the licensee; (3) The common name of the pesticide or active ingredient applied; and (4) The telephone number of the nearest poison control center. (b) Upon the customer's request, a licensee shall provide the customer with advance notice of the date of a pesticide application."
Section 3. This Act shall become effective on January 1, 1990.
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett.M Y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M N Davis.C Y Davis.G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs
N Dover N Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner N Harris Y Hasty
Heard Y Herbert N Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder
Y Long Y Lord Y Lucas
Lupton Y Mangum
Martin Y McCoy
Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
TUESDAY, FEBRUARY 14, 1989
927
Milam Y Mobley Y Moody Y Moore Y Morion Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Y Poston Y Powell
Rainey
Y Randall Y Ransom YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Steele
Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder
Y Williams.B Y Williams,J Y Yates
Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 151, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 337. By Representatives Oliver of the 121st, Moultrie of the 93rd, Bailey of the 72nd, Cummings of the 17th, Hooks of the 116th and others:
A bill to amend Code Section 20-2-1110 of the Official Code of Georgia Annotated, relating to the right of school bus drivers to receive pay for sick leave, so as to provide that accumulated unused sick leave shall be transferred when there is a change of employment.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby
Cummings,B Y Cummings, M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
On the passage of the Bill, the ayes were 172, nays 0.
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Y Steele Y Stephens Y Teper Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
928
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 380. By Representatives Baker of the 51st, Oliver of the 53rd, Groover of the 99th, Lane of the 27th and Walker of the 115th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide that any court may receive and use as evidence information from the records of the Department of Public Safety obtained from any terminal lawfully connected to the Georgia Crime Information Center records of the Department of Public Safety without the need for additional certification.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 380 by inserting on line 27 of page 1 after the word "information" the following:
"otherwise admissible".
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 Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton Y Banner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder YLong
Lord Y Lucas
Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston
Y Powell Rainey
Y Randall Y Ransom YRay Y Reaves
Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Steele
Y Stephens Y Teper Y Thomas.C Y Thomas.M
Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, amended.
TUESDAY, FEBRUARY 14, 1989
929
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:
HB 157. By Representatives Ray of the 98th, Pinkston of the 100th, Groover of the 99th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility.
The following Senate substitute was read:
A BILL
To amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, so as to specify provisions governing territorial jurisdiction of probate courts over the estates of decedents; to provide for the determination of residence of decedents who were under the care of a nursing home or other similar facility; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administrations of estates in general, is amended by adding a new Code Section 53-1-5 to read as follows:
"53-1-5. (a) For purposes of determining the county in which jurisdiction is proper in proceedings to probate a will or administer an estate, the provisions of this Code section shall govern the determination of the residence of a decedent who was in the care of a nursing home or other similar facility at the time of death.
(b) A person in the care of a nursing home or other similar facility at the time of such person's death shall be presumed to be a resident of the county in which such person resided immediately before entering such nursing home or other similar facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that such person considered, or in the absence of an impairment of such person's mental faculties would have considered, another county to be such person's home county, then such other county shall for the purposes of this Code section be considered to be such person's county of residence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Ray of the 98th moved that the House agree to the Senate substitute to HB 157.
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams
Y Aiken
Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister
Y Barfoot
Y Bargeron Y Barnett.B
Y Barnett.M
Y Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove
Y Brooks
Y Brown Y Buck
Y Buford
Y Byrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H
Y Clark.L Y Colbert
Y Coleman
Y Colwell
Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B
Y Cummings.M
Y Davis.C
N Davis.G Y Davis.M
Y Dixon.H
Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton
Y Fennel
930
JOURNAL OF THE HOUSE,
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y lsakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane@ Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton
Y Maneum ~arcn
Y McCoy Y McDonald
Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver$ Y Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens
On the motion, the ayes were 163, nays 1. The motion prevailed
Y Teper
Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolhert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C
Walker,L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
HB 538. By Representatives Godbee of the IlOth, Reaves of the 147th, Greene of the 130th, Branch of the 137th, Oliver of the 121st and others:
A bill to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of vehicles generally, so as to provide that certain trailers and semitrailers shall comply with the requirements for emblems on slow-moving vehicles; to provide certain requirements for lights and reflectors on certain trailers and semitrailers or to require escort vehicles in lieu thereof.
The following Senate amendment was read:
Amend HB 538 by adding following the word "thereof' on line 8 of page 1 the following:
"; to provide that such requirements shall not be construed to impose a duty on manufacturers of implements of husbandry".
By striking line 30 of page 3 in its entirety and inserting in lieu thereof the following:
"semitrailer.
(c) Nothing in this Code section shall be construed to impose a duty on a manufac-
turer of implement of husbandr under Code Section 40-8-1 to install an electric
mng system, tail lights, or red flazhing lights or otherwise equip implements of hus-
bandry to k in compliance with the provisions of this Code section a t the time of
manufacture or sale; it being the intent of this Code section to place a duty on operators
of equipment only under specified circumstances 4 conditions and not on manu-
facturers."'
Representative Godbee of the 110th moved that the House agree to the Senate amendment to HB 538.
On the motion, the roll call was ordered and the vote was as follows:
TUESDAY, FEBRUARY 14, 1989
Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
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 C1ark.H
Clark,L Y Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis$ Y Davis,G Y Davis,M Y Dix0n.H Y Dix0n.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B
On the motion, the ayes were 162, nays 0. The motion prevailed.
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
Y Ray Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Y Sinkfield Y Smith.L
smyre' Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Teper
Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiees Y ~au;!i;an Y Waddle Y Wa1ker.C
~alkeri Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
The following Senate amendment was read:
Amend HB 96 by adding on page 1, line 16, after the word "shall" the following: ", subject to approval of the county governing authority,".
Representative Barnett of the 10th moved that the House disagree to the Senate amendment to HB 96.
The motion prevailed.
By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Special Judiciary:
HB 80. By Representatives Brooks of the 34th, Holmes of the 28th, McKinney of the 35th, McKinney of the 40th, Abernathy of the 39th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relat,ing to state government, so as to provide that no funds of the State of Georgia shall be invested or deposited in any financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa.
932
JOURNAL OF THE HOUSE,
The following communication from the Secretary of State was received and read:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 853 through 891, who have registered in the Docket of Legislative Appearance as of February 10, 1989, 3:00 p.m., in accordance with Georgia Law 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, a t the Capitol, in the City of Atlanta, this 10th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-nine and of the Independence of the United States of America the Two Hundred and Thirteenth.
(SEAL)
IS/ Max Cleland
Secretary of State
853. Rick Moore Georgia Industrial Technology Education Association 2830 Henderson Mill Road Chamblee, Georgia 30341
854. Robert A. (Bob) Cohen Citizen c/o Box 349 Pine Lake, Georgia 30072
855. Joseph A Parker Georgia Hospital Association North Northwest Office Park Atlanta, Georgia 30339
856. Randy Kevin Wilson Students for an Educated Georgia 116 S. Main Street Jonesboro, Georgia 30236
857. Jeffrey H. Breedlove Students for an Educated Georgia 3882 Carriage Lane Conyers, Georgia 30208
858. Ralph S. Turner DeKalb Grand Jurors Association 2773 N. Decatur Road Decatur, Georgia 30033
859. Pat Chapman Older Women's League American Home Health Care, Inc. 3250 Memorial Drive Decatur, Georgia 30032
860. Mark Rountree Georgians For Privatization Citizens Against Crime 677 S. Milledge Avenue Athens, Georgia 30605
861. Phillip B. Russell Georgians For Privatization Citizens for Ethics Reform Georgia Institute of Technology, Box 31513 Atlanta, Georgia 30332
862. Ronald F. Updyke General Motors Corporation 5730 Glenridge Drive Atlanta, Georgia 30328
863. William F. Morie Georgia Automobile Dealers Association 4000 Cumberland Parkway Atlanta, Georgia 30339
864. Elizabeth B. Hudson Corn. for Responsible Taxation Greater DeKalb Educational Research Foundation 1983 Castleway Lane Atlanta, Georgia 30345
865. Robert Shig Porter Memorial Medical Center, Inc. Provident Health Serv., Inc. Americare, Inc. (Home Health) 4750 Waters Avenue Suite 472 Savannah, Georgia 31404
TUESDAY, FEBRUARY 14, 1989
933
George Hugh Ross Merrell Dow
Pharmaceuticals Inc. 4678 Jefferson Township Lane Marietta, Georgia 30066
Margaret R. Ball Georgia League of
Women Voters Georgia Parents and
Teachers Association DaltonIWhitfield County
Council PTA Whitfield Co. School
System; Citizen 2475 Dug Gap Road, S.W. Dalton, Georgia 30720
Susan E. Calhoun Georgia Parents and
Teachers Association 303 Skyline Drive Cohutta, Georgia 30710
Belinda Parrish Georgia State Parent-Teacher
Association 2811 Dug Gap Road Dalton, Georgia 30720
Lou B. Holdsworth Walton High School Mt. Bethel PTA-Elementary Dickerson Middle School PTSA 1617 Bryn Mawr Circle Marietta, Georgia 30068
Denise Tanner Citizen 751 Rock Springs Road Lawrenceville, Georgia 30245
Nancy Roddy Physical Therapy
Association of Georgia 1752 McLendon Avenue Atlanta, Georgia 30307
Rusty Kidd Charter Medical Corporation Hemophilia Foundation
of Georgia R.J. Reynolds U.S.A. Georgia Special Olympics Kidd & Associates Middle Georgia Management
Services Inc. Georgia Business Travel Corp. Post Office Box 77102 Atlanta, Georgia 30357
Laurence A. Ceminsky Cobb County VictimIWitness
Assistance Unit Georgians for Victim Justice 277 Powder Springs Road Marietta, Georgia 30064
William Richard Payne Citizen 2164 Ft. Benning Road Columbus, Georgia 31903
Ami Patel Students for a Better
Educated Georgia Box 21116-Emory Atlanta, Georgia 30322
Stephanie Jordan Students for a Better
Educated Georgia Box 21370, Emory University Atlanta, Georgia 30322
Laurie Cunningham Parole Consultant Services
of Georgia, Inc. 974 Klondike Court Conyers, Georgia 30207
Herman R. Daniel1 Georgia Association of
Assessing Officials 1 Depot Street Marietta, Georgia 30060
Larry S. McReynolds BMMA-Building Material
Merchant Association CEOIGa-Consulting Engineers
Council of Georgia GUCA-Georgia Utility
Contractors Association NECA-National Electrical
Contractors Association Suite 520 South Tower One CNN Center Atlanta, Georgia 30303-2705
Joyce Carter Stevens Browning-Ferris Ind., Inc. 500 Northridge Road Suite 825 Atlanta, Georgia 30350
S. Warren Jackson Jackson Management
Enterprises, Inc. 460 E. Paces Ferry Road Atlanta, Georgia 30305
934
JOURNAL OF THE HOUSE,
883. Bette C. McEvoy Professional Association of Georgia Educators 400 Fowler Drive Atlanta, Georgia 30601
884. Gregory Cleon Neal American Federation of Teachers Clarke County School Dist. Ga. Athletic Coaches Assn. 400 Fowler Drive Athens, Georgia 30601
885. Cecilia B. Artis American Federation for Teachers Clarke County School Dist. 400 Fowler Drive Athens, Georgia 30601
Lisa Mullins Peters Ross, Russell, Ellis & Bailey
(Research Excellence. Inc.) 675 Ponce de Leon ~ve:, N.E. Suite 908 Atlanta, Georgia 30395
887. W. Elaine Bradley-Tillier Ross, Russell, Ellis & Bailey (Research Excellence, Inc) 675 Ponce d e Leon Ave., N.E. Suite 908 Atlanta, Georgia 30395
888. Robert Howard Citizen 2123 Hillsinger Road Augusta, Georgia 30904
889. Susan B. Meek Family Life Concerns 6257-A Green Hill Drive Norcross, Georgia 30093
890. Claudia B. Ward Ringgold Telephone Company P.O. Box 869 Ringgold, Georgia 30736
891. Gail Buckner Intervention For Children 1262 Trahlyta Terrace Lake City, Georgia 30260
Representative Walker of the 115th moved that the House do now adjourn until 10:OO o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:OO o'clock, tomorrow morning.
WEDNESDAY, FEBRUARY 15,1989
Representative Hall, Atlanta, Georgia Wednesday, February 15, 1989
The House met pursuant to adjournment a t 10:OO o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Adams Aiken Alford Allen Athon Atkins
Bailey Baker Balkcorn Bannister Barfoot Bargeron
,Barnett.B Barnett.M Benefield Birdsong Bishop Bostick Branch Breedlove Brooks Buck Buford Byrd
Carrell Carter Chambless Chance Childers C1ark.B
C1ark.H Clark,L Colbert Coleman Colwell Connell Couch Crawford Croshy Cummings,B Cummings,M Davis,G Davis,M Dixon,S Dohbs Dover Edwards Ehrhart Felton Fennel Floyd Foster Godbee Green
Greene Gresham Griffin Groover Harris Hasty
Heard Holcomb Holland Hooks Howren Hudson Irwin Isakson Jackson,J Jamieson Jenkins Johnson
Jones Kilgore Lane,D Lane,R Langford Lawrence Lawson
Lee Linder Long Lord Lupton Mangum Martin McCoy McDonald McKelvey McKinney,B
McKinney,C
Meadows Mobley Moody Moore Morton
Moultrie Mueller Oliver$ Oliver,M
Orr Orrock
Padgett Pannell Parham Parrish Patten Pettit Poag Porter Poston Powell Rainey Ransom
Ray Reaves Redding Richardson Ricketson Royal
Selman Simpson Sinkfield Srnith,L Srnith,P Srnith,T Smith,W Snow Stancil,F Stancil,S Steele Stephens Teper Thompson Thurmond Titus Tolbert Townsend Vaughan Waddle Wall Ware Watson Watts White Wilder Williams,B Williams,J Yates Yeargin
Prayer was offered by the Reverend James M. Mayo, Pastor, St. Benedict The Moor Catholic Church, Savannah, Georgia.
Representative Balkcom of the 140th. Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found t o 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.
936
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 806. By Representative Hudson of the 117th:
A bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to change the salary provisions relating to deputy sheriffs.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 807. By Representative Hudson of the 117th:
A bill to provide for the continuing existence of the Wilcox County School District and the Wilcox County board of education; to provide for the election of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 808. By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to provide for the election of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 809. By Representative Martin of the 26th:
A bill to amend an Act providing for a board of elections in each county of this state having a population of more than 500,000 according to the 1960 United States decennial census, so as to provide that the board of registration and elections shall perform all of the functions required by law to be performed by a board of registrars.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 811. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act incorporating the City of Toccoa, so as to change and extend the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 812. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of such state court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 813. By Representatives Ware of the 77th, Groover of the 99th, Robinson of the 96th, Colbert of the 23rd, Watson of the 114th 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 for an impact assessment of mandatory accident and sickness insurance coverage; to provide for a short title.
Referred to the Committee on Insurance.
WEDNESDAY, FEBRUARY 15, 1989
937
HB 814. By Representatives Thomas of the 69th, Jones of the 71st and Simpson of the 70th:
A bill to authorize the governing authority of Carroll County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 815. By Representative Mobley of the 64th:
A bill to amend an Act creating the Barrow County Water and Sewerage Authority, so as to provide for a change in the number and method of selecting members.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 816. By Representative Chance of the 129th:
A bill to amend an Act reincorporating the Town of Rincon, so as to change the provisions relating to terms of office and the election of the mayor and councilpersons.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 817. By Representatives Kingston of the 125th, Chambless of the 133rd and Hooks of the 116th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to informed consent for medical treatment, so as to change the period within which consent must be obtained.
Referred to the Committee on Health & Ecology.
HB 818. By Representative Goodwin of the 63rd:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to taxable net income for state income tax purposes, so as to change the definition of Georgia taxable net income; to provide that advance tuition payments permitted under the "Georgia Education Trust Act" shall be deducted from taxable income in the tax year in which payments are made.
Referred to the Committee on Ways & Means.
HB 819. By Representative Goodwin of the 63rd:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Georgia Education Trust to assist students and their parents in financing postsecondary education; to provide a short title.
Referred to the Committee on Education.
HB 820. By Representative Crosby of the 150th:
A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
938
JOURNAL OF THE HOUSE,
HB 821. By Representative Crosby of the 150th:
A bill to amend an Act creating a new charter for the City of Homeland in Charlton County, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 822. By Representatives McDonald of the 12th, Murphy of the 18th, Colwell of the 4th, Walker of the 115th and Foster of the 6th:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the definition of the term "property"; to define the term "real property"; to empower the commission to acquire real property in the name of the state, with custody in the State Properties Commission.
Referred to the Committee on State Institutions & Property.
HB 823. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act granting a new charter to the City of Lavonia, so as to provide for municipal elections for the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 824. By Representative Mobley of the 64th:
A bill to amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, so as to change the number and method of selecting members.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 279. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that a political subdivision whose ad valorem taxing powers are restricted by constitutional amendment may impose a local sales and use tax without a corresponding limitation of its ad valorem taxing powers.
Referred to the Committee on Ways & Means.
HR 280. By Representatives Alford of the 57th, Pinkston of the 100th and Coleman of the 118th:
A resolution creating the House Rapid Rail Passenger Service Study Committee.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 836. By Representative Martin of the 26th:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of more than 500,000 according to the 1960 United States decennial census and any future such census; to provide a conditional effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
WEDNESDAY, FEBRUARY 15, 1989
939
HB 837. By Representative Martin of the 26th:
A bill to create a board of elections and registration for Fulton County, Georgia; to provide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 838. By Representatives Mangum of the 57th, Athon of the 57th, Moore of the 139th and Bannister of the 62nd:
A bill to amend Code Section 20-2-757 of the Official Code of Georgia Annotated, relating to the application of open meetings and open records laws to proceedings before school disciplinary tribunals, so as to change provisions relating to such application.
Referred to the Committee on Education.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 778 HB 779 HB 780 HB 781 HB 782 HB 783 HB 784 HB 785 HB 786 HB 787 HB 788 HB 789 HB 790 HB 791 HB 792 HB 800 HB 801 HB 802
HB 803 HB 804 HB 805 HB 810 HR 276 HR 277 SB 212 SB 213 SB 229 SB 234 SB 238 SB 239 SB 242 SB 251 SB 260 SB 262 SB 281 SR 103
Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 128 Do Pass HB 402 Do Pass, by Substitute
HB 501 Do Pass, as Amended HB 601 Do Pass HB 455 Do Pass
SB 27 Do Pass SB 196 Do Pass, as Amended
SB 141 Do Pass SB 241 Do Pass SB 214 Do Pass
Respectfully submitted, /s/ Jackson of the 9th
Chairman
940
JOURNAL OF THE HOUSE,
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 75 Do Pass, by Substitute SB 84 Do Pass, as Amended SB 272 Do Pass
Respectfully submitted, Is/ Patten of the 149th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 701 Do Pass, by Substitute
Respectfully submitted, /&/ Lee of the 72nd
Chairman
Representative Lane of the 27th 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 772 Do Pass HB 774 Do Pass
HB 775 Do Pass HB 797 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 15, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:
HB 8 State Board of Recreation Examiners: Termination Date
WEDNESDAY, FEBRUARY 15, 1989
941
HB 102 HB 123 HB 139 HB 399 HB 581 HB 622 HB 630 HB 643 HB 742
Solid Waste Disposal Sites: Distance Requirements Tax Sales: Foreclosure Notice of Right to Redeem Child Support: Enforcement: Amend Provisions Alcoholic Beverages: Sales to Minors: Proper Identification Employment Security: Special Cases: Computation Date Teachers Retirement: Transfers From Local System: Requirements Dangerous Dog Control: Definitions Sheriffs' Retirement: Fees From Civil Actions: Interest Municipal Gas Authority: Location of Office: Amend Provisions
HR 31 Joint Health Care Personnel Supply & Planning Study Comm.: Create
SB 31 Insurance Commissioner: Complaints: Release to Public SB 104 Council of Probate Court Judges: Contract With Membership SB 199 Motor Vehicle Insurance: Proof: Amend Provisions SB 276 Georgia Peanut Commission: 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 were taken up for consideration and read the third time:
HB 772. 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 certain provisions relating to the election of the mayor.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 774. By Representative Meadows of the 91st:
A bill to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members of the board of commissioners of Talbot 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 775. By Representatives Aiken of the 21st, Clark of the 20th, Howren of the 20th, Ehrhart of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating a new charter for the City of Austell, so as to change the corporate limits of the city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
942
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 797. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Smyre of the 92nd, Moultrie of the 93rd and others:
A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
HB 579. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A bill to provide for the terms of office and for the election of members of the Board of Education of Whitfield County.
HB 583. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the name of the Catoosa County Water and Sewer District to the "Catoosa Utility District".
HB 609. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act removing the tax commissioner of Jefferson County from the fee system of compensation and placing him on the salary system of compensation, so as to change the provisions relating to the compensation of the tax commissioner.
HB 610. By Representatives Bargeron of the 108th and Ricketson of the 82nd:
A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the method of selection of the chief magistrate and other magistrates.
HB 645. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
WEDNESDAY, FEBRUARY 15, 1989
943
HB 646. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
HB 647. By Representatives Snow of the 1st, McCoy of the 1st, Crawford of the 5th and Foster of the 6th:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensation of the personnel of the tax commissioner.
HB 649. By Representatives Hasty of the 8th, Stancil of the 8th and Barnett of the 10th:
A bill to amend an Act creating the office of commissioner of Cherokee County, so as to create a new board of commissioners of Cherokee County.
HB 656. By Representative Branch of the 137th:
A bill to place the coroner of Ben Hill County on a salary in lieu of the fee system of compensation; to provide for a deputy coroner and a salary for the deputy coroner.
HB 685. By Representative Yeargin of the 14th:
A bill to amend an Act providing a board of commissioners for the County of Elbert, so as to change the salary, compensation, per diem, and expenses of the chairman and other members of the Board of Commissioners of Elbert County.
HB 688. By Representative Green of the 106th:
A bill to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation of the coroner.
SB 75. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a member who is reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions as long as the member continues to hold office as a superior court judge; to provide an effective date.
SB 204. By Senators Phillips of the 9th, Peevy of the 48th and Edge of the 28th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and marijuana, so as to create a new criminal offense of possessing, manufacturing, delivering, distributing, dispensing, administering, selling, or possessing a controlled substance or marijuana while on or in proximity to school property or a school bus stop.
944
JOURNAL OF THE HOUSE,
SB 233. By Senator Baldwin of the 29th:
A bill to amend Code Section 33-13-3 of the Official Code of Georgia Annotated, relating to acquisition of control of or merger with a domestic insurer, so as to require an acquiring party to file with the Commissioner of Insurance financial statements certified by a certified public accountant as to the earnings and financial condition of such party.
SB 245. By Senator Tate of the 38th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to provide for additional exemptions from the requirements of such Code section with respect to the conveyance of certain parcels of land to abutting property owners.
SB 277. By Senator Albert of the 23rd:
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 provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain establishments on Sunday; to provide for an effective date.
SB 287. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the conduct of delinquency proceedings, so as to change the provisions relating to the district attorney or a member of his staff conducting proceedings on behalf of the state; to repeal certain provisions relating to requests.
SB 290. By Senators Fuller of the 52nd and Kidd of the 25th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to certain games or devices; to provide for penalties.
SB 298. 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 change the provisions relating to the assumption of duties by the chief clerk at the time of a vacancy in the office of the probate judge; to change the provisions relating to filling of vacancies in the offices of certain probate judges.
HB 45. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Smyre of the 92nd, Moultrie of the 93rd and others:
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 repeal Code Section 48-8-82.1, authorizing an increase in the rate of joint county and municipal sales and use taxation under certain circumstances.
WEDNESDAY, FEBRUARY 15, 1989
945
HB 50. By Representatives Rainey of the 135th and Moody of the 153rd:
A bill to amend Code Section 27-2-21 of the Official Code of Georgia Annotated, relating to field and retriever trials and permits therefor, so as to change the provisions relating to the requirement that participants have hunting licenses.
HB 234. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and others:
A bill to amend Code Section 21-2-5 of the Official Code of Georgia Annotated, relating to qualifications of candidates for federal and state office, so as to change certain provisions regarding challenges to the qualifications of certain candidates by certain electors.
HB 161. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A bill to amend Code Section 20-3-234 of the Official Code of Georgia Annotated, relating to the board of commissioners of the Georgia Student Finance Commission, so as to increase the compensation of the commissioners.
HB 205. By Representatives Ware of the 77th, Dunn of the 73rd, Lucas of the 102nd, Ricketson of the 82nd, Williams of the 48th and others:
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 that domestic insurers shall be examined once every three years.
HB 316. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the filling of a vacancy in the office of commissioner of banking and finance; to provide for the appointment of one or more deputy commissioners and additional personnel; to provide for the oath of office to be taken by each deputy commissioner and examiner.
HB 339. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that retired judges of the probate courts shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies.
HB 405. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to miscellaneous offenses regarding elections and primaries, so as to change certain provisions with respect to disclosing how a person voted.
946
JOURNAL OF THE HOUSE,
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:
SR 23. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.
SR 52. By Senators Tate of the 38th, Kidd of the 25th and Langford of the 35th:
A resolution requiring the State Department of Education to investigate hiring practices in the public schools of this state and to take certain actions to increase the availability of black teachers and other professional school personnel.
SR 62. By Senator Peevy of the 48th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an underground transmission line over or under property owned by the State of Georgia in Gwinnett County, Georgia; to provide an effective date.
SR 63. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; to provide an effective date.
SR 67. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Effingham County, Georgia; to provide an effective date.
SR 68. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an electric power substation facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date.
SR 92. By Senators Foster of the 50th, Deal of the 49th and Tysinger of the 41st:
A resolution creating the Joint Study Committee on Public School Freedom of Choice.
SR 99. By Senator Foster of the 50th:
A resolution creating the Joint Georgia Military College Study Committee to study the relationship of the State of Georgia to Georgia Military College for the purpose of making recommendations on future policy and funding directions.
HR 278. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Groover of the 99th, Connell of the 87th and Edwards of the 112th:
A resolution relative to adjournment.
WEDNESDAY, FEBRUARY 15, 1989
947
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:
HB 49. By Representatives Rainey of the 135th, Moody of the 153rd, Holcomb of the 72nd, Meadows of the 91st, McKelvey of the 15th and others:
A bill to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Boat Safety Act," so as to define the term "sailboard"; to redefine the term "vessel" so as to exempt sailboards from such definition.
HB 130. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 52. By Senator Howard of the 42nd:
A bill to amend Code Section 16-9-55 of the Official Code of Georgia Annotated, relating to fraudulently obtaining or attempting to obtain public housing or a reduction in public housing rent, so as to change the definition of "public housing"; to provide an effective date.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 235. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the examination and treatment for mental illness, so as to define the term "traumatic brain injury"; to provide for clarification of such term.
The Senate insists on its amendment to the following Bill of the House:
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 75. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System, so as to provide that a member who is reelected to a new term of office at the 1988 general election shall, regardless of age, continue to make employee contributions as long as the member continues to hold office as a superior court judge; to provide an effective date.
Referred to the Committee on Retirement.
948
JOURNAL OF THE HOUSE,
SB 204. By Senators Phillips of the 9th, Peevy of the 48th and Edge of the 28th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and marijuana, so as to create a new criminal offense of possessing, manufacturing, delivering, distributing, dispensing, administering, selling, or possessing a controlled substance or marijuana while on or in proximity to school property or a school bus stop.
Referred to the Committee on Judiciary.
SB 233. By Senator Baldwin of the 29th:
A bill to amend Code Section 33-13-3 of the Official Code of Georgia Annotated, relating to acquisition of control of or merger with a domestic insurer, so as to require an acquiring party to file with the Commissioner of Insurance financial statements certified by a certified public accountant as to the earnings and financial condition of such party.
Referred to the Committee on Insurance.
SB 235. By Senators English of the 21st, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the examination and treatment for mental illness, so as to define the term "traumatic brain injury"; to provide for clarification of such term.
Referred to the Committee on Health & Ecology.
SB 245. By Senator Tate of the 38th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property generally, so as to provide for additional exemptions from the requirements of such Code section with respect to the conveyance of certain parcels of land to abutting property owners.
Referred to the Committee on State Planning & Community Affairs.
SB 277. By Senator Albert of the 23rd:
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 provide that the governing authorities of certain counties and municipalities may authorize the sale of alcoholic beverages during certain hours in certain establishments on Sunday; to provide for an effective date.
Referred to the Committee on Regulated Beverages.
SB 287. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the conduct of hearings in the juvenile courts generally and the conduct of delinquency proceedings, so as to change the provisions relating to the district attorney or a member of his staff conducting proceedings on behalf of the state; to repeal certain provisions relating to requests.
Referred to the Committee on Judiciary.
WEDNESDAY, FEBRUARY 15, 1989
949
SB 290. By Senators Fuller of the 52nd and Kidd of the 25th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to certain games or devices; to provide for penalties.
Referred to the Committee on Industry.
SB 298. 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 change the provisions relating to the assumption of duties by the chief clerk at the time of a vacancy in the office of the probate judge; to change the provisions relating to filling of vacancies in the offices of certain probate judges.
Referred to the Committee on Judiciary.
SR 23. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 52. By Senators Tate of the 38th, Kidd of the 25th and Langford of the 35th:
A resolution requiring the State Department of Education to investigate hiring practices in the public schools of this state and to take certain actions to increase the availability of black teachers and other professional school personnel.
Referred to the Committee on Education.
SR 62. By Senator Peevy of the 48th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an underground transmission line over or under property owned by the State of Georgia in Gwinnett County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 63. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 67. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer system and other utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Effingham County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
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SR 68. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for the construction, operation, and maintenance of an electric power substation facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 92. By Senators Foster of the 50th, Deal of the 49th and Tysinger of the 41st:
A resolution creating the Joint Study Committee on Public School Freedom of Choice.
Referred to the Committee on Education.
SR 99. By Senator Foster of the 50th:
A resolution creating the Joint Georgia Military College Study Committee to study the relationship of the State of Georgia to Georgia Military College for the purpose of making recommendations on future policy and funding directions.
Referred to the Committee on Rules.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 742. By Representative Walker of the 115th:
A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions designating the location of the principal office or residence of the Municipal Gas Authority of Georgia from Fulton County to either Fulton County or any county contiguous to Fulton County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L Y Colbert Y Coleman
Colwell Connell Y Couch Cox
Y Crawford Y Crosby
Cummings,B Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Dover Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows
WEDNESDAY, FEBRUARY 15, 1989
951
Milam Y Mobley Y Moody Y Moore
Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston
Poag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom Y Ray Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F
Stancil.S Stanley Y Steele Y Stephens Y Teper Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 276. By Senators English of the 21st, Ragan of the 10th and Kennedy of the 4th:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to abolish the Agricultural Commodities Commission for Peanuts and provide for the creation of the Georgia Peanut Commission as a successor to and continuation thereof.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to revise such Act; to provide for a short title; to provide for purpose and intent; to provide for the creation, membership, powers, and duties of agricultural commodity commissions; to provide for separate provisions relating to the Agricultural Commodity Commission for Peanuts; to provide for definitions; to provide for the qualifications, election or appointment, terms, vacancies, compensation, and expenses of members; to provide for marketing orders; to provide for rules, regulations, and orders; to provide for balloting; to provide for advisory boards, special committees, and the appointment of personnel; to provide that the Attorney General shall represent the commissions; to provide for outside legal counsel; to provide for donations, gifts, and other property; to provide for officers and bonds; to provide for quorums; to provide for oaths; to provide for commissions; to provide for funds; to provide for the liability and limitations thereon of the commissions and members and employees thereof; to provide for cooperation with state, federal, and local authorities; to provide for the issuance of marketing orders; to provide for notices, public hearings, records, reports, lists, use of information, practices, and procedures; to provide for confidentiality of certain information; to provide for the recommendation of marketing orders and amendments; to provide for authorized provisions; to provide for approval by producers and the procedures connected therewith; to provide for seasonal marketing regulations; to provide for expiration and extensions; to provide for referendums; to provide for area marketing orders; to provide for applicability of marketing orders; to provide for assessments to defray expenses; to provide for borrowing of funds; to provide for use and repayment of contributions; to provide for collection and enforcement of assessments; to provide for disposition and investment of proceeds; to provide for audits; to provide for civil actions; to provide for penalties; to provide for books and records; to provide for hearings, subpoenas, and other matters related to practice and procedure; to provide for the use of grade or quality designations and to prohibit such uses under certain circumstances; to provide for inspections; to provide for holding, seizing, disposing, or destruction of commodities; to provide for notices; to provide for correction of deficiencies; to provide for show cause orders; to provide for civil penalties; to provide for injunctions; to provide for
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investigations; to prohibit certain conduct; to provide for criminal penalties; to provide for exceptions; to provide for the preservation, disposition, and continuation of certain commissions, funds, marketing orders, rules, and regulations; to provide for the powers, duties, and responsibilities of the Commissioner of Agriculture; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking Chapter 8, known as the "Georgia Agricultural Commodities Promotion Act," and inserting in lieu thereof a new Chapter 8 to read as follows:
"CHAPTER 8 ARTICLE 1
2-8-1. This chapter may be cited as the 'Georgia Agricultural Commodities Promotion Act.'
2-8-2. It is the intent and purpose of this chapter to implement Article VII, Section III, Paragraph II(b) of the Constitution of Georgia, providing for the promotion of the production, marketing, sale, use and utilization, processing, and improvement of agricultural products. The provisions of this chapter which provide for the financing of the cost of programs authorized under this chapter are expressly found, determined, and declared to be an exercise of the authority vested in the General Assembly by this provision of the Constitution. It is the purpose of this chapter to promote agricultural products and commodities, rjroyide education related to such agricultural products and commodities, and promote research concerning such agricultural products and commodities.
ARTICLE 2
2-8-10. This article shall not apply to the Agricultural Commodity Commission for Peanuts provided for in Article 3 of this chapter, except as provided in Code Section 2-8-13.
2-8-3 2-8-11. As used in this chapter article, the term: (1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted
meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of agricultural commodities to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of any commodity or commodities included in any marketing order made effective pursuant to this chapter article.
(2) 'Agricultural commodity' means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor as defined in this Code section, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state. For the purpose of this article, the term 'agricultural commodity' shall not mean or include peanuts.
(3) 'Commission' means each and every agricultural commodity commission created under this chapter article.
(4) 'Distributor' means any person who engages in the operation of selling, marketing, or distributing an agricultural commodity which he has produced or has purchased or acquired from a producer or which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer as defined in this Code section, except a retailer who purchases or acquires from, or handles on behalf of, any producer, an agricultural commodity not theretofore subjected to regulation by the marketing order covering such commodity.
(5) 'Handler' means any person engaged within this state as a distributor in the business of distributing an agricultural commodity or any person engaged as a processor in the business of processing an agricultural commodity.
WEDNESDAY, FEBRUARY 15, 1989
953
(6) 'Marketing order" means an order issued pursuant to this chapter article prescribing rules and regulations governing the processing, distributing, or handling in any manner of any agricultural commodity within this state or establishing an assessment for financing the programs established under this chapter article.
(7) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this chapter article.
(8) 'Processor' means any person engaged within this state in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of an agricultural commodity for the purpose of preparing such agricultural commodity for market or of marketing such commodity or engaged in any other activities performed for the purpose of preparing such commodity for market or of marketing such commodity but shall not include a person engaged in manufacturing another and different product from an agricultural commodity, so changed in form. The term 'processor' shall not include an agent of the processor nor any person who receives an agricultural commodity for or on the
account of another person. (9) 'Producer' means any person engaged within this state in the business of pro-
ducing or causing to be produced for market any agricultural commodity as defined in this Code section.
(10) 'Producer marketing' or 'marketed by producers' means any or all operations performed by any producer in preparing for market and includes selling, delivering,
or disposing of, for commercial purposes, any agricultural commodity which he has produced to any handler as defined in this Code section.
(11) 'Retailer' means any person who purchases or acquires any agricultural commodity for resale at retail to the general public for consumption off the premises; how-
ever, such person shall also be included within the definition of 'distributor,' as set forth in this Code section, to the extent that he engages in the business of a distribu-
tor as defined in this Code section. (12) 'Seasonal marketing regulations' means marketing regulations, applicable to a
particular marketing order, made effective as prescribed in this chapter article for the
purpose of carrying into effect, by administrative order, the marketing regulatory authorizations and the provisions of such marketing order, as such authorizations or
provisions may be applicable to or required by changing economic or marketing conditions and requirements from time to time during each marketing season in which such
marketing order may operate. Such seasonal marketing regulations shall not extend beyond the marketing order concerned; nor shall they modify or change the language
of such marketing order. (13) 'To distribute' means to engage in the business of a distributor as defined in
this Code section. (14) 'To handle' means to engage in the business of a handler as defined in this
Code section. (15) 'To process' means to engage in the business of a processor as defined in this
Code section. 2 84 2-8-12. The Commissioner shall be authorized to exercise supervisory jurisdic-
tion over the administration and enforcement of this chapter article. In the performance of this duty, he is authorized to utilize the personnel and facilities of the department.
2-8-5 2-8-13. (a) Each of the following commissions heretofore established pursuant
to the 'Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301), as amended, effective from the date set forth below opposite its name, is ratified and con-
firmed as a public corporation and instrumentality of the State of Georgia from and since such date:
(1) The Agricultural Commodity Commission for Milk established July 1, 1961; (2) The Agricultural Commodity Commission for Eggs established July 1, 1961;
(3) The Agricultural Commodity Commission for Peanuts established August 1, 1961;
(4) The Agricultural Commodity Commission for Sweet Potatoes established August 1, 1961;
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(5) The Agricultural Commodity Commission for Peaches established May 1, 1962; (6) The Agricultural Commodity Commission for Tobacco established July 1, 1962; (7) The Agricultural Commodity Commission for Apples established August 1,
1962; and (8) The Agricultural Commodity Commission for Cotton established August 1,
1965. (b) All actions taken by each of the commissions enumerated in subsection (a) of this Code section pursuant to terms of Ga. L. 1961, p. 301, as amended, are ratified and all funds received by each of the commissions after the effective date shown opposite its name are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 386 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-9 2-8-17. Each of the aforesaid commissions and each commission hereafter created by law shall, from and after July 1, 1969, be organized and constituted, have corporate existence, and possess powers and duties as stated in this chapter and shall be governed and controlled by this chapter; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to July 1, 1969, shall be valid and binding if authorized by Ga. L. 1961, p. 301, as amended. (c) Prior to April 30, 1971, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2 8 16 2-8-23 to determine whether any existing commission shall continue to exist and operate under this chapter article. 2-8-6 2-8-14. (a) Each commission shall be composed of:
(1) The Commissioner of Agriculture, ex officio;
(2) The president of the Georgia Farm Bureau Federation, ex officio;
(3) One member, to serve as an ex officio member of all commissions, elected by the Agriculture Committee of the Senate with a quorum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly;
(4) One member, to serve as an ex officio member of all commissions, elected by the Agriculture and Consumer Affairs Committee of the House of Representatives with a quorum present and a majority of those present concurring, who shall be a producer of an affected agricultural commodity and shall not be a member of the General Assembly; and
(5) Five additional members, who shall be producers of the affected agricultural commodity, to be appointed by the ex officio members of the commission; for the purposes of the appointment of such five additional members, the two members elected by each of the agriculture committees of the General Assembly, who shall serve as members of each commission, shall be deemed to be ex officio members.
(b) The initial two members elected by the agriculture committees of the General Assembly shall be elected to take office for a term beginning on July 1, 1980, and ending upon the election of their successors during the regular 1982 session of the General Assembly. Their successors shall be elected during the 1982 regular session of the General Assembly; and thereafter future successors shall be elected during each regular session of the General Assembly convening in even-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and the southern part shall be that area south of such counties. The chairmen of the Senate and House committees shall by agreement determine which committee will choose the member from the northern part and which committee will choose the member from the southern part. Such members shall serve from the date of their election until the election of their successors.
(c) The appointment of additional members of the commission by the ex officio members thereof, as provided in this Code section, shall be made by them from a list of nominees, submitted by the producers of the affected agricultural commodity, containing the names of double the number of appointments to be made. In the event of
WEDNESDAY, FEBRUARY 15, 1989
955
a controversy as to the producer group authorized to submit a list of nominees for appointment as members of the commission, the ex officio members shall consider and determine all issues pertaining thereto and upon making their determination shall make the appointments in accordance with such determination. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effective date of their appointment and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment by the ex officio members of the commission, in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointive member shall be eligible for reappointment provided he is nominated as provided in subsection (b) of this Code section.
(d) (1) The ex officio members who are state officers shall be compensated as provided by law. Each such ex officio member shall be reimbursed by his respective department or from the funds of the commission for actual and necessary expenses incurred in the performance of his duties. Each such ex officio member who is a state officer may designate a representative of his department to act for him in performing any duties under this chapter article.
(2) The two members elected by the agriculture committees of the General Assembly, as provided by subsection (a) of this Code section, shall be entitled to receive, for attending meetings of the commission, the same expenses and travel allowances which members of the General Assembly receive for attending meetings of legislative interim committees. Such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of state government.
(3) The appointive members of the commission and the president of the Georgia Farm Bureau Federation shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission.
(e) It shall be the duty of the Commissioner to certify to the Secretary of State the membership of each commission and each change in membership as the same occurs.
(f) Each commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by each commission and may be paid from the funds of each commission. The Attorney General shall represent each commission in legal matters and shall be the attorney for each commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he shall so inform the particular commission involved and, upon approval of the commission, he shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel.
(g) Any other provision of this chapter article to the contrary notwithstanding, a member of any federation or organization of producers shall be eligible to be appointed as a member of any commission administering this chapter article with respect to any agricultural commodity produced by such federation or organization or handled by it for its members who produce it.
(h) Each commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. Each commission may exercise the powers and authority conferred by law upon corporations.
(i) The two members elected by the agriculture committees of the General Assembly, as provided by subsection (a) of this Code section, as members of each commission shall be entitled to vote on matters pertaining to the organization of each such commission
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and upon the selection and nomination of the appointive members of each commission. Such two members shall not be entitled to vote upon any matter pertaining to the policy provisions of the agricultural commodity nor shall they be entitled to vote upon the expenditure of any funds of the commission.
(j) Each commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum.
3-8-7 2-8-15. Each commission, with the name of the agricultural commodity annexed thereto, shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, each such commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. Each such commission shall name its chairman and determine a quorum for the transaction of business. Each such commission shall assume the duties and exercise the authority provided in this chapter article without further formality than that provided in this chapter article. Each member of each such commission shall be a public officer and shall take an oath of office faithfully to perform his duties. Such oath shall be administered by the Commissioner or some other person qualified to administer oaths. The fact of a member's appointment shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of his office.
2-8-8 2-8-16. The Commissioner is authorized and it shall be his duty to receive, collect, and disburse the funds of each commission qualifying and operating under this chapter article. He shall disburse funds of any entity created under this chapter article only upon the written authorization of the affected commission.
2-8-0 2-8-17. Funds received by the Commissioner under this chapter article shall be held in trust for the affected commission. Such funds shall be deposited, accounted for, and disbursed in the same manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent and purpose of this chapter article to authorize the receipt, collection, and disbursement by the Commissioner of such funds as trust funds of the affected entity without complying with the requirement applicable to funds collected for the use and benefit of the state.
2-8-10 2-8-18. Any person who handles funds under this chapter article shall be bonded with good and sufficient surety in an amount determined by the Commissioner for the accounting of any and all funds coming into his hands.
3-8-11 2-8-19. The members and employees of any commission governed by this chapter article and the Commissioner shall not be held responsible individually in any way whatsoever to any producer, processor, distributor, or other handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of any such commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
2-8-12 2-8-20. The Commissioner and any commission governed by this chapter article are authorized to confer with and to make any information obtained pursuant to this chapter article available to the duly constituted governmental authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this chapter article.
2-8-13 2-8-21. (a) The Commissioner, upon the approval and request of a commission governed by this chapter article, is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of agricultural commodities within this state.
(b) (1) Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this chapter article with respect to any agricultural commodity, he shall, either upon his own motion, upon the motion of any commission, or upon
WEDNESDAY, FEBRUARY 15, 1989
957
the application of any producer of such commodity or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order.
(2) Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the Commissioner may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The Commissioner or the commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers of such agricultural commodity whose names and addresses appear upon lists of such persons on file in the department and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission, by a member of the commission, or by the Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c) (1) In order to provide the Commissioner or the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for any agricultural commodity when such information is not then on file in the department, the Commissioner or the commission is authorized and directed, whenever the Commissioner or the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this chapter article or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all handlers of such agricultural commodity, by publication of a notice as required in paragraph (2) of this subsection, to file with the Commissioner or the commission within ten days from the last date of such publication a report, properly certified, showing:
(A) The correct name and address of such handler;
(B) The quantities of the agricultural commodity affected by the proposed marketing order handled by such handler in the marketing season next preceding the filing of such report;
(C) The correct names and addresses of all producers of such agricultural commodity who may be directly affected by such proposed marketing order, from whom such handler received such agricultural commodity in the marketing season next preceding the filing of such report; and
(D) The quantities of such agricultural commodity received by such handler from each such producer in the marketing season next preceding the filing of such report. (2) The notice to handlers requiring them to file a report shall be published by the Commissioner or the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the Commissioner or the commission may prescribe. The Commissioner or the commission shall also mail a copy of such notice to all handlers of such agricultural commodity whose names and addresses appear upon the lists on file in the department who may be directly affected by such proposed marketing order.
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(3) Each handler of an agricultural commodity directly affected by a proposed marketing order shall file his verified report with the Commissioner or the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any handler to file such report shall not invalidate any proceeding taken or marketing order issued. The Commissioner or the commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available.
(4) From the reports so filed and the information so received or available to the Commissioner or the commission, including any proper corrections, the Commissioner or the commission shall prepare a list of the names and addresses of such producers and the volume of such commodity produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of such commodity handled by all such handlers, directly affected by such proposed marketing order or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the Commissioner or the commission pursuant to subsection (a) of Code Section 2-8-15 and such findings shall be conclusive.
(5) The information contained in the individual reports of handlers filed with the Commissioner or the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the Commissioner or the commission, their agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes.
2-8-14 2-8-22. (a) If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8 13 2-8-21 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this chapter article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all of the following provisions, but no others:
(1) Provisions regulating the period or periods during which any agricultural commodity or any grade, size, or quality of such commodity may be processed, distributed, or otherwise marketed within this state by any and all persons engaged in such processing, distributing, or marketing within this state; such periods shall be established by the commission so as to conform to the better principles of sound agricultural practices with respect to production of the commodities affected, in order to secure, so far as is commercially practical, a sufficient supply of good quality of each grade of such commodity proportionate to normal market demand and to prevent disruptive marketing practices likely to result in oversupply or scarcity, which create unnecessarily inflated prices to consumers and handlers, depressed prices to producers, or salability of products of inferior grade and quality due to unavailability of good quality products;
(2) Provisions establishing or providing for establishing, with respect to any agricultural commodity, either as delivered by producers to handlers or processors or as handled, processed, or otherwise prepared for market or as marketed by producers, handlers, or processors:
(A) Grading standards of quality, condition, size, maturity, or pack, which standards may include minimum standards, provided that the standards so established shall not be established below any minimum standards prescribed by law for such commodity; and
(B) Uniform inspection and grading of such commodity in accordance with the standards so established.
(3) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for agricultural commodities grown in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of agricultural commodities to market.
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959
The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of any agricultural commodity, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization of such commodity without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the Commissioner or the commission which makes use of false or unwarranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity;
(4) Provisions prohibiting unfair trade practices by which any producer or handler tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or misleading representations, concealment, or other similar sharp business practices which are harmful to his or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in production and handling of the commodity involved, or detrimental to the intent and purpose of this chapter article;
(5) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of any agricultural commodity or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the dean of the College of Agriculture of the University of Georgia, the Commissioner, and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Insofar as practicable such projects shall be carried out by the College of Agriculture; but, if the dean of the college and the commission determine that the college has no facilities for a particular project or that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission;
(6) Provisions establishing or providing authority for establishing, for any agricultural commodity, either as such commodity is produced or is delivered by producers to handlers or as such commodity is handled or otherwise prepared for market or as such commodity is marketed by producers or handlers, an educational program designed to acquaint producers, handlers, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to such commodity;
(7) Provisions for the promotion of the marketing of surplus commodities through the establishment of surplus, stabilization, or by-product pools for any agricultural commodity or any grade, size, quality, or condition thereof, providing for the sale of the commodity in any such pool and for the equitable distribution among the persons participating therein of the net returns derived from the sale of such commodity. Whenever the marketing order authorizes the establishment of any such pool or pools, the commission shall have the power to receive such commodity from each producer or handler, to handle the same according to the grade, size, quality, or condition thereof, and to account to each producer or handler participating therein upon a pro rata basis for the net proceeds derived from the sale thereof. Whenever the marketing order authorizes the establishment of a surplus, stabilization, or by-product pool, the commission shall have authority to promote the marketing of surplus commodities by making arrangements for and operating any necessary facilities for the storing, financing, grading, hauling, packing, servicing, processing, preparing for market, selling, and disposing of the contents of any pools provided for in this paragraph. Whenever the marketing order authorizes the establishment of any type of pool authorized in this paragraph, the commission shall have authority to create, by a uniform assessment upon producers, or to maintain and disburse, upon some other uniform and equitable basis, an equalization fund to be used for the removal of any inequalities between producers or handlers participating in any pool.
48} Provisions for the establishment and management ef a stabilization fund te
quality tor marketing of sale m regular marketing cnannclo due to grade,' size regulations. The Commissioner e? the commission shall be authorized
960
JOURNAL OF THE HOUSE,
by regulations, for the administration ef seh stabilization fund, including regulations as to the type, quality er grade of peanuts, the amount ef- stabilization aupport,
establishment of any type ef stabilization fond authorized m this paragraph, the Commissioner ef the commission shall have the authority to create such ftjnd by a
stabilization fund vet accordance with the purposes set eat in this paragraph. (b) All provisions authorized by this Code section which are contained in marketing orders and amendments thereto heretofore adopted by any commission and in effect on July 1, 1969, shall be and remain of full force and effect until repealed or modified by each such commission as provided in this chapter article. 2-8-16 2-8-23. (a) (1) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this chapter article, shall be made effective by the commission or the Commissioner until the finding of one or more of the following:
(A) That such marketing order or amendment thereto has been assented to in writing by not less than 65 percent of the producers who are engaged within the area specified in such marketing order or amendment thereto in the production for market or the producer marketing of not less than 51 percent of the agricultural commodity specified therein in commercial quantities;
(B) That such marketing order or amendment thereto has been assented to in writing by producers who produce not less than 65 percent of the volume of such agricultural commodity and by 51 percent of the total number of producers so engaged; or
(C) That such marketing order or amendment thereto has been approved or favored by producers in a referendum among producers directly affected if the valid votes cast in such referendum in favor of such marketing order or amendment thereto represent not less than 51 percent of the total number of producers of the commodity of record with the department who marketed not less than 51 percent of the total quantity of the commodity marketed in the next preceding marketing season by the total number of producers of record with the department. (2) Whenever any marketing order or any major amendment to any marketing order is issued by the commission, the commission shall determine whether assent, approval, or favor thereto of the producers shall be by written assents or by referendum. (3) If the Commissioner or the commission determines that a referendum shall be had, the Commissioner or the commission shall establish a referendum period of 30 days. At the close of such referendum period, the Commissioner or the commission shall count and tabulate the ballots filed during such period. If from such tabulation the Commissioner or the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is not less than 51 percent of the total number of producers of record with the department and that such producers who voted in favor of the marketing order or amendment thereto marketed not less than 51 percent of the total volume of such commodity marketed by all producers of record with the department during the marketing season next preceding such referendum, the Commissioner or the commission may make such marketing order or amendment thereto effective. The Commissioner and the commission are authorized to prescribe such additional procedures as may be necessary to conduct such referendum. (4) At a public hearing held to consider a proposed marketing order or major amendments to an existing marketing order which directly affect producers or producer marketing, the Commissioner or the commission shall also receive testimony or evidence from which he or it can determine whether the assent, approval, or favor of such producers shall be determined by written assents or by referendum as prescribed in this Code section. Upon the conclusion of any hearing which involves a marketing order or a major amendment thereto directly affecting producers or producer marketing, the Commissioner or the commission shall make a finding, based upon the testimony and evidence received, whether producer assent, approval, or favor shall be
WEDNESDAY, FEBRUARY 15, 1989
961
determined by written assents or by referendum. If the Commissioner or the commission finds that a referendum shall be had, he or it shall direct that a referendum be held in accordance with this subsection.
(5) Any referendum or assent in writing to a marketing order under paragraphs (3), (5), and (6) of subsection (a) of Code Section 2 8-14 2-8-22 shall be held pursuant to this Code section; and upon the approval thereof by two-thirds of those voting therein, where the total vote cast thereon represents not less than 25 percent of those eligible to vote or where the total vote cast thereon represents not less than 25 percent of the total amount of the affected agricultural commodity, such marketing order may be declared by the commission to be approved.
(6) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period. (b) Subject to the provisions, restrictions, and limitations imposed in this chapter article, the Commissioner or the commission may issue marketing orders regulating producer marketing and the processing, distributing, or handling in any manner of agricultural commodities by any and all persons engaged in such producer marketing, processing, distributing, or handling of such agricultural commodities within this state. (c) (1) Upon the recommendation of not less than three of the appointive members of the commission, the Commissioner or the commission may make effective minor amendments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in his or its opinion the substance of such minor amendments so warrants. The Commissioner or the commission, however, shall not be required to submit minor amendments for written assents or referendum approval.
(2) In making effective major amendments to a marketing order, the Commissioner or the commission shall follow the same procedures prescribed in this chapter article for the institution of a marketing order. For the purpose of this chapter article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations:
(A) Authority for regulating the period or periods during which any agricultural commodity or any grade, size, or quality of such commodity may be processed, distributed, or otherwise marketed within this state;
(B) Authority for the establishment of uniform grading and inspection of any agricultural commodity and the establishment of grading standards of quality, condition, size, or pack of such commodity;
(C) Authority for the establishment of plans for advertising and sales promotion of any agricultural commodity;
(D) Authority to prohibit unfair trade practices;
(E) Authority for carrying out research studies in the production, processing, or distribution of any agricultural commodity;
(F) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect;
(G) Authority to extend the application of the provisions of any marketing order to portions or uses of an agricultural commodity not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of such commodity.
(3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order.
(d) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public
bulletin board maintained at the Department of Agriculture; and a copy of such notice shall be published as the Commissioner or the commission may prescribe. No marketing
order nor any suspension, amendment, or termination thereof shall become effective
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JOURNAL OF THE HOUSE,
until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the Commissioner or the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the Commissioner or the commission and to every person who files in the office of the Commissioner or the commission a written request for such notice.
(e) The Commissioner or the commission shall have the power, consistent with this chapter article and in accordance with marketing orders and agreements made effective under this chapter article, to establish such general rules and regulations for uniform application to all marketing orders issued hereunder as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (d) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or the commission for each marketing order in active operation.
(f) Upon the recommendation of the commission concerned, the Commissioner shall
have the power, consistent with this chapter article, to establish administrative rules and
regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The
provisions of subsection (d) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules
and regulations. (g) Unless extended as provided in this Code section, all marketing orders issued
under the authority of this chapter article shall expire, terminate, and become of no
force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration
of three years after the date of any such extension. (h) In the event either one of the following conditions is complied with, a marketing
order shall be extended for a period of three years after the date of its original expiration:
(1) Assent has been given in writing to such marketing order by not less than twothirds of the producers participating; or
(2) Approval or favor of such marketing order has been given by producers in a referendum among producers directly affected if at least 66 % percent of the votes
cast in such referendum favor the extension of such marketing order, (i) If the Commissioner or the commission determines that a referendum shall be
held, the Commissioner or the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date
of the marketing order which is the subject of such referendum. At the close of such referendum period, the Commissioner or the commission shall count and tabulate the
ballots cast during such period. If from such tabulation the Commissioner or the commission finds that the number of producers voting in favor of the extension of such
marketing order is not less than 66 -/ii percent of the total number of ballots cast, then such marketing order shall be extended for a period of three years after the expiration
date. If it is found from the tabulation of such referendum that the number of producers who had voted in favor of the extension of such marketing order is less than the
required 66 2 :i percent of the total number of ballots cast, then the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (g) of
this Code section. 3-8-H5 2-8-24. Marketing orders issued by any commission under this chapter article
may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order
shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state.
3-8-1? 2-8-25. (a) The Commissioner, upon recommendation of the commission con-
cerned, and each commission, without prior notice to and public hearing for the pro-
ducers or handlers of the commodity directly affected, may issue and make effective
WEDNESDAY, FEBRUARY 15, 1989
963
seasonal marketing regulations or modifications thereof, provided that the marketing order, made effective after due notice, public hearing, and written assent as required by this chapter article, (1) provides for the issuance or modification of such seasonal marketing regulations without requiring such prior notice and public hearing, and (2) sets forth the limits within which such seasonal marketing regulations may be made effective or subsequently modified by the Commissioner or the commission; and provided, further, that the commission finds that such seasonal marketing regulations or modifications thereof are reasonable and proper and a practical means of carrying out the marketing provisions authorized in such marketing order or agreement and will effectuate the declared purposes and policies of this chapter article with respect to such agricultural commodity. Notice of the issuance and the effective date of any such seasonal marketing regulations or modifications thereof shall be given by the Commissioner or the commission to all producers and handlers directly affected by any such regulations in the manner and within the time specified in the applicable marketing order or, in absence of such, as may be specified by the commission or as specified in the administrative rules and regulations made effective for such marketing order pursuant to subsection (f) of Code Section 2-8-15 2-8-23.
(b) It is recognized that with respect to some agricultural commodities, marketing, weather, and other conditions may change so rapidly as to require changes in seasonal marketing regulations from week to week or more often. It is intended that this Code section be interpreted liberally so that the Commissioner or the commission may be enabled to carry out the marketing regulations and procedures authorized in this Code section in a practical and effective manner.
2-8-18 2-8-26. Whenever producers or handlers of an agricultural commodity regulated by a marketing order issued by any commission pursuant to this chapter article are required to comply with minimum quality, condition, size, or maturity regulations, no person, except as otherwise provided in such order, shall process, distribute, or otherwise handle any of such agricultural commodity from any source, whether produced within or without this state, which commodity does not meet such minimum requirements applicable to producers or handlers of such commodity in this state, provided that such regulations shall not apply to any commodity which has been produced outside of this state and is in transit on the effective date of the regulations.
3-8-49 2-8-27. (a) For the purpose of providing funds to defray the necessary expenses incurred by the Commissioner or the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this chapter article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. In administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the Commissioner or the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which such agricultural commodity is marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (1) in the case of producers will not exceed 2 Vi percent of the gross dollar volume of sales of the commodity affected by all such producers regulated by such marketing order, or (2) in the case of processors, distributors, or other handlers will not exceed 2 '/2 percent of the gross dollar volume of purchases of the commodity affected by the marketing order from producers or of the gross dollar volume of sales of the commodity affected by the marketing order and handled by all such processors, distributors, or other handlers regulated by such marketing order during the marketing season or seasons during which such marketing order is effective.
(b) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient
964
JOURNAL OF THE HOUSE,
amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which such agricultural commodity is marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all processors, distributors, or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective.
(c) In lieu of the assessments to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and of advertising or sales promotion provided for in subsections (a) and (b) of this Code section, if the marketing order contains provisions for advertising or sales promotion as authorized in this chapter article, the commission may approve and fix one assessment not exceeding 6 Vi percent of the gross dollar volume of sales of such commodity by all producers or by all processors, distributors, or other handlers of such agricultural commodity regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. The method and manner of assessment and collection thereof and the limitations and restrictions applicable thereupon shall conform in all respects with subsection (b) of this Code section, except as to the maximum amount of such assessment. In such case, the commission shall approve the proportions of such assessments which may be expended to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and of such advertising or sales promotion program, provided that the proportion of such assessments which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall in no case exceed the maximum amount authorized in subsection (a) of this Code section.
(d) In the event that any commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this chapter article and may hypothecate anticipated assessment collections applicable to such respective provisions.
(e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from the payment of assessments established pursuant to this Code section, the Commissioner is authorized to receive and disburse for such purposes contributions made by producers, processors, distributors, or other handlers. Neither the commission nor the Commissioner shall be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall recommend and the Commissioner shall repay contributions or shall authorize the application of such contributions to the assessment obligations of the persons who made such contributions.
(f) Each and every handler of the agricultural commodities for which an assessment has been established by or pursuant to this chapter article shall, at the time of purchase
of any such commodity from the producer thereof, collect from such producer the assessment established by or in accordance with this chapter article and remit the same to
the Commissioner for the use of the commission for which the same was levied. The liability of such handler under this chapter article shall not be discharged except upon receipt of such sums by the Commissioner. For the purpose of this subsection, to ensure
compliance with this Code section, and for the administrative convenience of the
Commissioner in enforcing payment and collection of such assessments, delivery by a
WEDNESDAY, FEBRUARY 15, 1989
965
producer to a handler for processing of any agricultural commodity upon which an assessment has been established shall be deemed a sale of such commodity within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of whether such handler actually purchases such agricultural commodity for himself or only processes same for a consideration payable by the producer or another person and such agricultural commodity is thereafter sold to another person, provided that upon collection of such assessment by the handler to whom such agricultural commodity is so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed agricultural commodity to another person or handler.
(g) The Commissioner may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by handlers and may take all legal action necessary to enforce payment of the same by handlers. The Commissioner is authorized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the Commissioner, to levy and collect such executions and to make their return thereof to the Commissioner in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. The Commissioner shall likewise be authorized to collect, by execution as above provided or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected commodity or commodities giving rise to such liability to a person other than to a handler who has collected such assessment and is required by this Code section to remit the same to the Commissioner. Furthermore, the Commissioner may proceed against such producer and the purchaser of such commodity simultaneously if the purchaser is a handler required to collect such assessment, until satisfaction is obtained.
(h) Any moneys collected by the Commissioner or the commission pursuant to this chapter article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the Commissioner only for the necessary expenses incurred by the commission and the Commissioner, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the Commissioner. All such expenditures by the Commissioner shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor, the Commissioner, and the affected commission. If any such commission is abolished, any funds remaining in its hands at such time shall be used to pay the existing obligations of such commission and the expenses incurred in winding up the affairs of such commission. Any excess remaining shall escheat to the state and shall be paid by the Commissioner into the state treasury as unclaimed trust funds.
(i) Moneys deposited by the Commissioner pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the Commissioner as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine that this Code section is complied with.
2-8-20 2-8-28. (a) Any assessment levied or established in accordance with this chapter article in such specified amount as may be determined by the Commissioner or the commission pursuant to this chapter article shall constitute a personal debt of every person so assessed and shall be due and payable to the Commissioner when payment is called for by the Commissioner. In the event of the failure of such person to pay any such assessment upon the date determined by the Commissioner, the Commissioner may file an action against such person in a court of competent jurisdiction for the collection thereof.
(b) In the event that any producer or handler duly assessed pursuant to this chapter article fails to pay to the Commissioner the amount so assessed on or before the date
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JOURNAL OF THE HOUSE,
specified by the Commissioner, the Commissioner is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforcing the collection of such unpaid assessment.
(c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this chapter article authorizing the issuance of executions for assessments by the Commissioner. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the Commissioner. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission entitled thereto as are other moneys received under this chapter article.
2~ 8-21 2-8-29. (a) The Commissioner may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this chapter article:
(1) To maintain books and records reflecting their operations under the marketing order;
(2) To furnish to the Commissioner or his duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and
(3) To permit inspection by the Commissioner or his duly authorized or designated representatives of such portions of such books and records as relate to operations under the marketing order. (b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order. (c) In order to carry out the purposes of this Code section, the Commissioner may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents of any kind. 3-8-23 2-8-30. Whenever the use by a producer or handler of a particular emblem, label, certificate, or other distinctive designation of grade, quality, or condition, other than grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regulations authorized by a marketing order issued and made effective under this chapter article, it shall be unlawful and a violation of this chapter article for any person who is not participating in and complying with such order or regulations to use such designation of grade, quality, or condition. 2-8-23 2^8-3Jl. (a) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant to this chapter article may enter during normal business hours and inspect any premises, enclosure, building, or conveyance where he has reason to believe any agricultural commodity subject to a marketing order is produced, stored, being prepared for market, or marketed and may inspect or cause to be inspected such representative samples of the commodity as may be necessary to determine whether or not any lot of such commodity is in compliance with applicable regulations of any marketing order made effective pursuant to this chapter article. (b) Any authorized inspector or other authorized person in the discharge of his duties, if he has reason to believe that a lot of any agricultural commodity subject to a marketing order issued under this chapter article is not in compliance with the requirements of such marketing order or of marketing rules and regulations issued pursuant thereto, as to quality, condition, size, maturity, pack, labeling, or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements, but in any event not to exceed 24 hours in the case of perishables or 72 hours in the case of nonperishables, except as provided in this Code section. (c) (1) Following inspection, an inspector or other authorized person may affix to any lot which is determined to be in noncompliance an official notice, warning tag,
WEDNESDAY, FEBRUARY 15, 1989
967
or other appropriate marking warning that the lot is held and stating the reasons therefor. It shall be unlawful for any person, other than an authorized inspector or enforcing officer, to detach, alter, deface, or destroy any such official notice, warning tag, or marking so affixed to any such lot or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance, except upon written permission of an authorized enforcing officer or by order of a court of competent jurisdiction.
(2) The Commissioner or the authorized person by whom such lot is being held shall serve the person in possession of such lot with a notice of noncompliance. Such notice shall be served in person or by mail to the last known address of the person in possession. It shall be the duty of the person in possession to notify the owner of the lot or other persons having an interest therein of the serving of such notice of noncompliance.
(3) Such notice of noncompliance shall include a description of the lot and the place where and reasons for which it is held and shall cite the applicable marketing order or marketing rules and regulations and the Code section upon which the notice of noncompliance is based. (d) (1) The owner of a lot shall have, in the case of a perishable commodity, not more than 48 hours and, in the case of a nonperishable commodity, not more than 72 hours from the time of the service of a notice of noncompliance for reconditioning or for the correction of the deficiencies noted in the notice of noncompliance. If such lot is reconditioned or the deficiencies are corrected, the enforcing officer shall remove the warning tags or markings and release the lot for marketing, provided that with the consent of the owner of the lot, the enforcing officer is authorized to divert the lot to other lawful uses or to destroy the lot.
(2) (A) If the owner of the lot fails or refuses to give consent to its diversion to other lawful uses or to its destruction or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring the lot into compliance within the time specified in the notice, then the enforcing officer shall proceed as provided in this subsection.
(B) The Commissioner may file a verified petition in the superior court of the county where the agricultural commodity is held or the county of the residence of the owner thereof requesting permission to divert such lot to any other available lawful use or to destroy such lot. Such verified petition shall show the condition of the lot; that the lot is situated within the territorial jurisdiction of the court in which the petition is being filed or that the owner thereof resides within the jurisdiction of the court; that the lot is held and the notice of noncompliance has been served as provided in this Code section; that the lot has not been reconditioned as required; the name and address of the owner and the person in possession of the lot; and that the owner has refused permission to divert or to destroy the lot. Upon the filing of such verified petition the court may issue an order to show cause, returnable five days after service upon the owner, why the lot shall not be reconditioned or the deficiencies corrected or why the lot shall not be diverted to other lawful uses or destroyed. The owner of the lot may, prior to the date when the order to show cause is returnable, either recondition or correct the deficiencies in the lot so as to bring the lot into compliance or file at or before the hearing on the order an answer with the court showing why the lot should not be reconditioned or the deficiencies corrected so as to bring it into compliance or showing why the lot should not be diverted to other lawful uses or destroyed.
(C) If, at the expiration of the five days, the owner of the lot has failed or
refused to recondition or to correct the deficiencies so as to bring the lot into compliance, the court may enter judgment ordering that the lot be reconditioned, diverted to any other lawful uses, or destroyed in the manner directed by the court or that the lot be relabeled, denatured, or otherwise processed or that the lot be sold or released upon such condition as the court in its discretion may impose, provided that the lot may not be sold or released into the regular channels of trade.
(D) In the event of the sale of any lot by order of the court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of the
968
JOURNAL OF THE HOUSE,
sale and the balance, if any, shall be paid into the court for the account of the owner of any such lot.
(e) Disposal of any lot or portion of any lot pursuant to this Code section, whether such disposal is by arrangement with an enforcing officer or by court order, shall not waive any of the penalty provisions of this chapter article.
(f) This Code section shall apply to any lot of any agricultural commodity regulated by a marketing order wherever or in the possession of whomever such lot may be in the marketing channels within this state.
2-8-24 2-8-32. Any person who violates any provision of this chapter article or any marketing order duly issued by any commission and in effect under this chapter article or who violates any rule or regulation issued by the Commissioner pursuant to this chapter article or of any marketing order duly issued and effective under this chapter article shall be civilly liable to such commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the Commissioner after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act," for contested cases and recoverable by a civil action brought in the name of the Commissioner for the use and benefit of the affected commission or by execution issued in like manner as for assessments provided
by Code Section 2-8-19 2-8-27. Any moneys recovered pursuant to this paragraph Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-19 2^8^27 as are other moneys.
2-8-25 2-8-33. (a) The Attorney General of this state shall, upon complaint by the Commissioner, or may, upon his own initiative if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the superior court in
the name of the Commissioner for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regula-
tion issued under this chapter article, or both, against any person violating any provisions of this chapter article or of any marketing order or any rule or regulation
duly issued by the Commissioner or any commission under this chapter article.
(b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not
be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any
provision of this chapter article or of any marketing order or any rule or regulation duly issued by the Commissioner or any commission under this chapter article, then the court
shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation
issued by the Commissioner or commission under this chapter article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
(c) In any action brought by the Attorney General to enforce any of the provisions
of this chapter article or of any marketing order issued by the Commissioner or any commission and effective under this chapter article or of any rule or regulation issued
by the Commissioner or any commission pursuant to any marketing order, the judgment, if in favor of the Commissioner or the commission, may provide that the defendant pay to the Commissioner or to the commission concerned with the administration of such marketing order the costs incurred by the Commissioner or by the commission in the
prosecution of such action. 2-8-26 2-8-34. (a) The Commissioner on his own motion may, and upon the com-
plaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the Commis-
sioner or commission and effective under this chapter article shall, either refer the mat-
ter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the Commissioner deems
it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act," gov-
erning contested cases, to consider the charges set forth in such verified complaint.
(b) In case the matter is referred directly by the Commissioner to the Attorney Gen-
eral or any prosecuting attorney, it shall be the duty of such officer, if after examination
WEDNESDAY, FEBRUARY 15, 1989
969
of the complaint and the evidence he believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state.
(c) After an administrative hearing, if the Commissioner finds that a violation has occurred, he shall enter his findings and notify the parties to such complaint. In his discretion, the Commissioner shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply^ or if he finds that the facts or circumstances warrant immediate prosecution, the Commissioner shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this chapter article against such respondent or respondents in a court of competent jurisdiction.
2-8-27 2-8-35. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this chapter article or any marketing order effective under this chapter article shall be guilty of a misdemeanor.
(b) Any person engaged in the handling or processing of any agricultural commodity or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the persons from whom he has received an agricultural commodity regulated by a marketing order issued and in effect under this chapter article and the quantity of such commodity received shall be guilty of a misdemeanor.
2-8-28 2-8-36. Any person who violates any provision of this chapter article or any provision of any marketing order duly issued by any commission under this chapter article shall be guilty of a misdemeanor.
2-8-29 2-8-37. The penalties and remedies prescribed in this chapter article with respect to any violation mentioned shall be concurrent and alternative. Neither singly or combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
2-8-30 2-8-38. This chapter article shall not be applicable to any retailer of agricultural commodities except to the extent that any retailer also engages in the processing or distribution of agricultural commodities as defined in this chapter article."
ARTICLE 3
2-8-50. This article shall apply only to the Agricultural Commodity Commission for Peanuts.
2-8-51. As usjed in this article, the term: (1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted
meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of peanuts to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of peanuts included in any marketing order made effective pursuant to this article.
(2) 'Commission' means the Agricultural Commodity Commission for Peanuts created under this article.
(3) 'Distributor' means any person who engages hi the operation of selling, marketing, or distributing peanuts which he has produced or has purchased or acquired from a producer or which he is marketing on behalf of a producer, whether as^ owner, agent, employee, broker, or otherwise, but shall not include a retailer as defined in this Code section, except a retailer who purchases or acquires from, or handles on behalf of, any producer, peanuts not theretofore subjected to regulation by the marketing order covering peanuts.
(4) 'Handler' means any person engaged within this state as a distributor in the business of distributing peanuts or any person engaged as a processor in the business of processing peanuts.
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JOURNAL OF THE HOUSE,
(5) 'Marketing order' means an order issued pursuant to this article ______ rules and regulations governing the processing, distributing, or handling in any manner of peanuts within this state or establishing an assessment for financing the programs established under this article.
(6) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article.
(7) 'Peanuts' means peanuts and peanut products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the purpose of marketing such product or by a processor as defined in this Code section.
(8) 'Processor' means any person engaged within this state in the receiving, grading, packing, canning, extracting, preserving, grinding, changing the form of peanuts for the purpose of preparing peanuts for market or of marketing such peanuts or engaged in any other activities performed for the purpose of prejjarmg such peanuts for market or of marketing such peanuts but shall not include a person engaged in manufacturing another and different product from peanuts, so changed in form. The term 'processor' shall not include an agent of the p_rpcessqr nor any person who receives peanuts for or on the account of another person.
(9) 'Producer' means any person engaged within this state m the business of producing or causing to be produced for market peanuts as defined in this Code section.
(10) 'Producer marketing] or 'marketed by producers' means any or all operations performed by any producer in preparing for market and includes selling, delivering, (jr disposing of, for commercial purposes, peanuts which he has produced to any handler as defined in this Code section.
(11) 'Retailer' means any person who purchases or acquires peanuts for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of 'distributor,' as set forth in this Code section, to the extent that he engages in the business of a distributor as defined in this Code section.
0 2) 'Seasonal marketing regulations' means marketing regulations, applicable to a particular marketing order, made effective as prescribed in this article for the purpose of carrying into effect, by administrative order, the marketing regulatory authorizations and the provisions of' such marketing order, as such authorizations or provisions may be applicable to or required by changing economic or marketing conditions and requirements from time to time during each marketing season in which such marketing order may operate. Such seasonal marketing regulations shall not extend beyond the marketing order concerned; nor shall they modify or change the language of such marketing order.
(13) 'To distribute' means to engage in the business of a distributor as defined in
this Code section. (14) 'To handle' means to engage in the business of a handler as defined in this
Code section.
(15) 'To process' means to engage in the business of a processor as defined in this Code section. 2-8-52. (a) The Agricultural Commodity Commission for Peanuts which was ini-
tially established August 1_, 1961, pursuant to the 'Georgia Agricultural Commodities
Promotion Act,' (Ga. L. 1961, rj. 30IK as amended, is continued in existence and is ratified and confirmed as a p_ublic corporation and instrumentality of the State of Georgia
from and since such date. The Agricultural Commodity Commission for Peanuts shall
be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article.
(b) Marketing Order No. 3 for Peanuts which was adopted by the Agricultural Commodity Commission for Peanuts and which was continued iri existence until June 30j
1991, shall continue in effect under the provisions of this article until such date.
WEDNESDAY, FEBRUARY 15, 1989
971
(c)__AU rules, regulations, and orders of the Agricultural Commodity Commission for Peanuts in force and effect on July 1^ 1989, shall remain in effect until otherwise amended or repealed pursuant to this article.
(d) Prior to April 30, 1991, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-63 to determine whether the commission shall continue to exist and operate under this article.
2-8-53. (a) The Agricultural Commodity Commission for Peanuts shall be composed of five members, who shall be peanut producers to be elected in the manner provided in subsection (b) of this Code section.
(b) (1) For the purpose of electing the five members of the Agricultural Commodity Commission for Peanuts, the commission shall divide those counties within this state in which peanuts are produced into five districts, each of which shall have approximately equal quota pound production of peanuts. Any county in which peanuts are not produced shall not be included in any of the five districts. Such districts in existence on July 1^ 1989, shall remain as constituted on such date until otherwise changed by the commission.
(2) The five producer members of the Agricultural Commodity Commission for Peanuts who are serving as such on July 1^ 1989, shall continue as members for the; remainder of their unexpired terms. Prior to the expiration of a term of office, it shall be the duty of the commission to conduct an election for a successor. Except as otherwise provided in this Code section, elections shall be called and conducted in the manner specified by the commission. One member shall be elected from each district by the producers of peanuts residing in such district. To be eligible for election, a person must be a peanut producer. No producer of peanuts residing within the district shall be denied the right to seek election to membership on the commission.
(3) A person must receive a majority of the votes cast for a position jn order to be elected to such position. If no person receives a majority of the votes cast for such position, a run-off election shall be conducted by the commission. Any member may succeed himself as a member of a commission. Members shall have terms of office of three years each and until their respective successors are elected and qualified.
(4) Vacancies in the membership of' the commission shall be filled by election m the same manner as the original election of such members. Any person elected to fill a vacancy shall be elected for the remainder of the unexpired term.
{c)_ The members of the commission shall receive compensation and reimbursement oj expenses as shall be provided by the commission, and such funds shall be payable from the funds of the commission. The commission shall keep comprehensive and detailed records of all compensation and expense reimbursement pjjid to each member of the commission. In connection with the audits provided for in subsection (h) of Code Section 2-8-67, the state auditor shall annually prepare a comprehensive and detailed report of the compensation and reimbursement paid to each member of' the commission and shall provide a copy of such report to the commission; and such report shall be available to any producer of' peanuts upon written request of any such producer.
(d)_It shall be the duty of the commission to certify to the Secretary of State the membership of the commission and each change in membership as the same occurs.
2-8-54. (a) The commission is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the funds of the commission. The Attorney General shall represent the commission in legal matters and sjiajl be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he shall so inform the commission and, upon approval of the commission, he shall employ such outside counsel. Compensation for such outside counsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the funds of the commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such counsel.
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JOURNAL OF THE HOUSE,
(b) The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations.
(c) The commission shall continue as a public corporation and instrumentality of the State of Georgia until abolished by law or until terminated by referendum.
2-8-55. The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairman and determine a quorum for the transaction of business. The commission shall assume the duties and exercise the authority provided in this article without further formality than that provided _ __ ____ ___ _____ of the commission shall be a public officer and shall take an oath of office faithfully to perform his duties. Such oath shall be administered by the Governor or some other person qualified to administer oaths. The fact of a member's election shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal of
his office. 2-8-56. The commission is authorized and it shall be its duty to receive, collect, and
disburse the funds of the commission. 2-8-57. Funds received by the commission under this article shall be held in trust for
the commission. Such funds shall be deposited, accounted for, and disbursed in the same
manner as the funds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state funds. It is the express intent
and purpose of this article to authorize the receipt, collection, and disbursement by the commission of such funds as trust funds of the commission without complying with the
requirement applicable to funds collected for the use and benefit of the state. 2-8-58. Any persons who handle funds under this article shall be bonded with good
and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable instruments
which are drawn on or payable from the funds of the Agricultural Commodity Commission for Peanuts shall be signed by either the chairman or treasurer of the commission.
It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such
duties as shall be provided by the commission. 2-8-59. The members and employees of the commission shall not be held responsible
individually in any way whatsoever to any producer, processor, distributor, or other
handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own
individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member
shall be liable for the default of any other member. 2-8-60. The commission is authorized to confer with and to make any information
obtained pursuant to this article available to the duly constituted governmental authori-
ties of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with
the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives of this article.
2-8-61. (a) The commission is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of peanuts
within this state. (b) (1) Whenever the commission has reason to believe that the issuance of a
marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to peanuts, it shall, either upon its own
motion or upon the application of any producer of peanuts or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed
marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the commission
by publishing a notice of such hearing for a period of not less than five days m a
WEDNESDAY, FEBRUARY 15, 1989
973
______ _f general circulation published in the capital of the state and in such other newspapers as the commission may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers of peanuts whose names and addresses appear upon lists of such persons on file with the commission and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission or by_ a member of the commission, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c) (1) In order to provide the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for peanuts when such information is not then on file with the commission, the commission is authorized and directed, whenever the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all handlers of peanuts, by publication of a notice as required in paragraph (2) of this subsection, to file with the commission within ten days from the last date of such publication a report, properly certified, showing:
(A) The correct name and address of' such handler; (B) The quantities of peanuts affected by the proposed marketing order handled by such handler in the marketing season next preceding the filing of such report; (C) The correct names and addresses of all producers of peanuts who may be directly affected by such proposed marketing order, from whom such handler received peanuts in the marketing season next preceding the filing of such report; and (D) The quantities of peanuts received by such handler from each such producer in the marketing season next preceding the filing of such report. (2) The notice to handlers requiring them to file a report shall be published by the commission for a period of not less than five days ill a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the commission may prescribe. The commission shall also mail a copy of such notice to all handlers of peanuts whose names and addresses appear upon the lists on file with the commission who may be directly affected by such proposed marketing order. (3) Each handler of peanuts directly affected by a proposed marketing order shall file his verified report with the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any handler to file such report shall not invalidate any proceeding taken or marketing order issued. The commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. (4) From the reports so filed and the information so received or available to the commission, including any proper corrections, the commission shall prepare a list of the names and addresses of such producers and the volume of peanuts produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of peanuts handled by all such handlers, directly affected by such proposed marketing order or amendments thereto, in the preceding marketing season.
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JOURNAL OF THE HOUSE,
Such lists shall constitute complete and conclusive lists for use in any finding made by the commission pursuant to subsection (a) of Code Section 2-8-63 and such findings shall be conclusive.
(5) The information contained in the individual reports of handlers filed with the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the commission, its agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes.
2-8: G2._(a)_If, upon the basis of the record of testimony and documentary evidence received at the hearing provided for in Code Section 2-8-61 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promul-
gation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all of the following provisions, but no others:
(1) Provisions regulating the period or periods during which peanuts or any grade,
size, or quality of peanuts may be processed, distributed, or otherwise marketed within this state by any and all persons engaged in such processing, distributing, or market-
ing within this state; such periods shall be established by the commission so as to conform to the better principles of sound agricultural practices with respect to production of the peanuts in order to secure, so far as is commercially practical, a sufficient
supply of good quality of each grade of peanuts proportionate to normal market demand and to prevent disruptive marketing practices likely to result in oversupply
or scarcity, which create unnecessarily inflated prices to consumers and handlers, depressed prices to producers, or salability of products of inferior grade and quality due to unavailability of good quality products;
(2) Provisions establishing or providing for establishing, with respect to peanuts,
either as delivered by producers to handlers or processors or as handled, processed, or otherwise prepared for market or as marketed by producers, handlers, or processors:
(A) Grading standards of quality, condition, size, maturity, or pack, which standards may include minimum standards, provided that the standards so established
shall not be established below any minimum standards prescribed by law for peanuts; and
(B) Uniform inspection and grading of peanuts in accordance with the standards so established. (3) Provisions for the establishment of plans for advertising and sales promotion
to maintain present markets or to create new or larger markets for peanuts grown in
this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of peanuts to market. The commission is authorized to rjre^
pare, issue, administer, and enforce plans for promoting the sale of peanuts, provided that any such plan shall be directed toward promoting and increasing the sale, use,
and utilization of peanuts without reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims in behalf of any such
product or disparages the quality, value, sale, or use of any other agricultural commodity;
(4) Provisions prohibiting unfair trade practices by which any producer or handler tends toward establishment of' monopoly, unfairly discriminates among customers as
to price or quality, or engages in fraudulent, deceptive, or misleading representations, concealment, or other similar sharp business practices which are harmful to his or its customers, injurious to competitors, likely to bring into disrepute persons generally
engaged in production and handling of peanuts, or detrimental to the intent and purjjose of this article;
(5) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of
WEDNESDAY, FEBRUARY 15, 1989
975
combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the dean of the College of Agriculture of the University of Georgia and the commission shall cooperate in selecting the research project or projects to be carried on from time to time. Insofar as practicable such projects shall be carried out by the College of Agriculture but, if the dean of the college and the commission determine that the college has no facilities for a particular project or that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission;
(6) Provisions establishing or providing authority for establishing, either as peanuts are produced or are delivered by producers to handlers or as peanuts are handled or otherwise prepared for market or as peanuts are marketed by producers or handlers, an educational program designed to acquaint producers, handlers, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to peanuts;
(7) Provisions for the promotion of the marketing of surplus peanuts through the establishment of surplus, stabilization, or by-product pools for peanuts or any grade, size, quality, or condition thereof, providing for the sale of the peanuts in any such pool and for the equitable distribution among the persons participating therein of the net returns derived from the sale of such peanuts. Whenever the marketing order authorizes the establishment of any such pool or pools, the commission shall have the power to receive such peanuts from each producer or handler, to handle the same according to the grade, size, quality, or condition thereof, and to account to each producer or handler participating therein upon a pro rata basis for the net proceeds derived from the sale thereof. Whenever the marketing order authorizes the establishment of a surplus, stabilization, or by-product pool, the commission shall have authority to promote the marketing of surplus peanuts by making arrangements for and operating any necessary facilities for the storing, financing, grading, hauling, packing, servicing, processing, preparing for market, selling, and disposing of the contents of any pools provided for in this paragraph. Whenever the marketing order authorizes the establishment of any type of pool authorized in this paragraph, the commission shall have authority to create, by a uniform assessment upon producers, or to maintain and disburse, upon some other uniform and equitable basis, an equalization fund to be used for the removal of any inequalities between producers or handlers parti cipating in any pool; and
(8) Provisions for the establishment and management of a stabilization fund to compensate producers of peanuts for peanuts which must be diverted or which fail to qualify for marketing or sale in regular marketing channels due to grade, quality, or size regulations. The commission shall be authorized to provide, by regulations, for the administration of such stabilization fund, including regulations as to the type, quality or grade of peanuts, the amount of stabilization support, reporting, and qualifying procedures. Whenever the marketing order authorizes the establishment of any type of stabilization fund authorized in this paragraph, the commission shall have the authority to create such fund by a uniform assessment upon producers of peanuts and to maintain and disburse such stabilization fund in accordance with the purposes set out in this paragraph. (b) All provisions authorized by this Code section which are contained in marketing orders and amendments thereto heretofore adopted by the Agricultural Commodity Commission for Peanuts and in effect on July 1^ 1989, shall be and remain of full force and effect until repealed or modified by the commission as provided in this article.
2-8-63. (a) (1) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective by the commission until the finding of one or more of the following:
(A) That such marketing order or amendment thereto has been assented to in writing by not less than 65 percent of the producers who are engaged within the area specified in such marketing order or amendment thereto in the production for market or the producer marketing of not less than 51 percent of the peanuts specified therein in commercial quantities;
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JOURNAL OF THE HOUSE,
(B) That such marketing order or amendment thereto has been assented to in writing by producers who produce not less than 65 percent of the volume of peanuts and by 51 percent of the total number of producers so engaged; or
(C) That such marketing order or amendment thereto has been approved or favored by producers in a referendum among producers directly affected if the valid votes cast in such referendum in favor of such marketing order or amendment thereto represent not less than 51 percent of the total number of producers of peanuts of record with the commission who marketed not less than 5J. percent of the total quantity of the peanuts marketed in the next preceding marketing season by the total number of producers of record with the commission. (2) Whenever any marketing order or any major amendment to any marketing order is issued by the commission, the commission shall determine whether assent, approval, or favor thereto of the producers shall be by written assents or by referendum. (3) If the commission determines that a referendum shall be had, the commission shall establish a referendum period of 30 days. At the close of such referendum period, the commission shall count and tabulate the ballots filed during such period. If from such tabulation the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is not less than 51 percent of the total number of producers of record with the commission and that such producers who voted in favor of the marketing order or amendment thereto marketed not less than 51 percent of the total volume of peanuts marketed by all producers of record with the commission during the marketing season next preceding such referendum, the commission may make such marketing order or amendment thereto effective. The commission is authorized to prescribe such additional procedures as may be necessary to conduct such referendum. (4) At a public hearing held to consider a proposed marketing order or major amendments to an existing marketing order which directly affect producers or producer marketing, the commission shall also receive testimony or evidence from which it can determine whether the assent, approval, or favor of such producers shall be determined by written assents or by referendum as prescribed in this Code section. Upon the conclusion of any hearing which involves a marketing order or a major amendment thereto directly affecting producers or producer marketing, the commission shall make a finding, based upon the testimony and evidence received, whether producer assent, approval, or favor shall be determined by written assents or by referendum. If the commission finds that a referendum shall be had, it shall direct that a referendum be held in accordance with this subsection. (5) Any referendum or assent in writing to a marketing order under paragraphs (3), (5), and (6) of subsection (a) of Code Section 2-8-62 shall be held pursuant to this Code section; and upon the approval thereof by two-thirds of those voting therein, where the total vote cast thereon represents not less than 25 percent of those eligible to vote or where the total vote cast thereon represents not less than 25 percent of the total amount of peanuts, such marketing order may be declared by the commission to be approved. (6) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12^ months from the date of the close of the previous referendum period. (b) Subject to the provisions, restrictions, and limitations imposed m this article, the commission may issue marketing orders regulating producer marketing and the processing, distributing, or handling in any manner of peanuts by any and all persons engaged in such producer marketing, processing, distributing, or handling of peanuts within this state.
(c) (1) Upon the recommendation of not less than three members of the commis-
sion, the commission may make effective minor amendments to a marketing order.
The commission may require a public hearing upon minor amendments if in its opin-
ion the substance of such minor amendments so warrants. The commission, however,
shall not be required to submit minor amendments for written assents or referendum
approval.
WEDNESDAY, FEBRUARY 15, 1989
977
(2) In making effective major amendments to a marketing order, the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to OT deletes from any_ such marketing order any of the following types of regulations or authorizations:
(A) Authority for regulating the period or periods during which peanuts or any grade, size, or quality of such peanuts may be processed, distributed, or otherwise marketed within this state;
(B) Authority for the establishment of uniform grading and inspection of peanuts and the establishment of grading standards of quality, condition, size, or pack of such peanuts;
(C) Authority for the establishment of plans for advertising and sales promotion of peanuts;
(D) Authority to prohibit unfair trade practices; (E) Authority for carrying out research studies in the production, processing, or distribution of peanuts; (F) Authority to increase an assessment rate beyond the maximum rate authorized by_ the marketing order in effect; or (G) Authority to extend the application of the provisions of any marketing order to portions or uses of peanuts not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of such peanuts. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (d) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a notice thereof shall be posted on a public bulletin board maintained at the offices of the commission; and a copy of such notice shall be published as the commission may prescribe. No marketing order nor any_ suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the commission and
person who files in the office of the commission a written request for such
(e) The commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued under this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (d) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the commission for each marketing order in active operation.
(f) The commission shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (d) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations.
(g) Unless extended as provided in this Code section, all marketing orders issued
under the authority of this article shall expire, terminate, and become of no force and
effect at the expiration of three years from the date of the issuance of the original
marketing order or, if such marketing order has been extended, at the expiration of
three years after the date of any such extension.
978
JOURNAL OF THE HOUSE,
(h) In the event either one of the following conditions is complied with, a marketing
order shall be extended for a period of three years after the date of its original expira-
tion:
(1) Assent has been given in writing to such marketing order by not less than two-
thirds of the producers participating; or
(2) Approval or favor of such marketing order has been given by producers in a
referendum among producers directly affected if at least 66 -A percent of the votes
cast in such referendum favor the extension of such marketing order.
(0_If the commission determines that a referendum shall be held, the commission
shall establish a referendum period of 30 days, such referendum period to terminate at
least 30 days prior to the expiration date of the marketing order which is the subject
of such referendum. At the close of such referendum period, the commission shall count
and tabulate the ballots cast during such period. If from such tabulation the commission
finds that the number of producers voting in favor of the extension of such marketing
order is not less than 66JH percent of the total number of ballots cast, then such
marketing order shall be extended for a period of three years after the expiration date.
If it is found from the tabulation of such referendum that the number of producers who
had voted in favor of the extension of such marketing order is less than the required
66 -:> percent of the total number of ballots cast, then the marketing order shall expire,
terminate, and be of no force and effect as provided jn subsection (g) ^>f this Code
section.
2-8-64. Marketing orders issued by the commission under this article may be limited
in their application by prescribing the marketing areas or portions of the state in which
a particular order shall be effective, provided that no marketing order shall be issued
by the commission unless it embraces all persons of a like class who are engaged in a
specific and distinctive agricultural industry or trade within this state.
2-8-65. (a) The commission without prior notice to and public hearing for the pro-
ducers or handlers of the peanuts directly affected, may issue and make effective
seasonal marketing regulations or modifications thereof, provided that the marketing
order, made effective after due notice, public hearing, and written assent as required by
this article, U] provides for the issuance or modification of such seasonal marketing
regulations without requiring such prior notice and public hearing, and (2) sets forth the
limits within which such seasonal marketing regulations may be made effective or subse-
quently modified by the commission; and provided, further, that the commission finds
that such seasonal marketing regulations or modifications thereof are reasonable and
proper and a practical means of carrying out the marketing provisions authorized in
such marketing order or agreement and will effectuate the declared purposes and poli-
cies of this article with respect to peanuts. Notice of the issuance and the effective date
of any such seasonal marketing regulations or modifications thereof shall be given by the
commission to all producers and handlers directly affected by any such regulations in
the manner and within the time specified in the applicable marketing order or, in
absence of such, as may be specified by the commission or as specified in the adminis-
trative rules and regulations made effective for such marketing order pursuant to sub-
section (f) of Code Section 2-8-63.
~
(b) It is recognized that with respect to some peanuts, marketing, weather, and other
conditions may change so rapidly as to require changes in seasonal marketing regulations
from week to week or more often. It is intended that this Code section be interpreted
liberally so that the commission may be enabled to carry out the marketing regulations
and procedures authorized in this Code section in a practical and effective manner.
2-8-66. Whenever producers or handlers of peanuts regulated by a marketing order
issued by the commission pursuant to this article are required to comply with minimum
quality, condition, size, or maturity regulations, no person, except as otherwise provided
in such order, shall process, distribute, or otherwise handle any of such peanuts from
any source, whether produced within or outside this state, which peanuts do not meet
such minimum requirements applicable to producers or handlers of such peanuts in this
state, provided that such regulations shall not apply to any peanuts which have been
produced outside of this state and are in transit on the effective date of the regulations.
WEDNESDAY, FEBRUARY 15, 1989
979
2-8-67. (a) For the purpose of providing funds to defray the necessary expenses incurred by the commission in the formulation, issuance, administration, and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. In administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and handler so assessed
11 pay to the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which peanuts are marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (1) in the case of producers will not exceed 2 Vi percent of the gross dollar volume of sales of the peanuts affected by all such producers regulated by such marketing order, or (2| in the case of processors, distributors, or other handlers will not exceed 2 Vi percent of the gross dollar volume of purchases of peanuts affected by the marketing order from producers or of the gross dollar volume of sales of peanuts affected by the marketing order and handled by all such processors, distributors, or other handlers regulated by such marketing order during the marketing season or seasons during which such marketing order is effective.
(b) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and handler directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, they may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which peanuts are marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all processors, distributors, or other handlers of peanuts regulated by such marketing order during the marketing season or seasons during which such marketing order is effective.
(c) In lieu of the assessments to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and of advertising or sales promotion provided for in subsections (a) and (b) of this Code section, if the marketing order contains provisions for advertising or sales promotion as authorized in this article, the commission may approve and fix one assessment not exceeding 6 Vi percent of the gross dollar volume of sales of such peanuts by all producers or by all processors, distributors, or other handlers of such peanuts regulated by such marketing order during the marketing season or seasons during which such marketing order is effective. The method and manner of assessment and collection thereof and the limitations and restrictions applicable thereupon shall conform in all respects with subsection (b) of this Code section, except as to the maximum amount of such assessment. In such case, the commission shall approve the proportions of such assessments which may be expended to defray the costs of formulation, issuance, administration, and enforcement of the marketing order and of such advertising or sales promotion program, provided that the proportion of such assessments which may be allocated in such manner to defray the cost of such administrative activities for such marketing order shall in no case exceed the maximum amount authorized in subsection (a) of this Code section.
(d) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives
980
JOURNAL OF THE HOUSE,
of the marketing order will be promoted thereby, the commission is authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such respective provisions.
(e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from the payment of assessments established pursuant to this Code section, the commission is authorized to receive and disburse for such purposes contributions made by producers, processors, distributors, or other handlers. The commission shall not be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall repay contributions or shall authorize the application of such contributions to the assessment obligations of the persons who made such contributions.
(f) Each and every handler of peanuts for which an assessment has been established by or pursuant to this article shall, at the time of purchase of any such peanuts from the producer thereof, collect from such producer the assessment established by or in accordance with this article and remit the same to the commission. The liability of such handler under this article shall not be discharged except upon receipt of such sums by the commission. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience of the commission in enforcing payment and collection of such assessments, delivery by a producer to a handler for processing of any peanuts upon which an assessment has been established shall be deemed a sale of such peanuts within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of whether such handler actually purchases such peanuts for himself or only processes same for a consideration payable by the producer or another person and such peanuts are thereafter sold to another person, provided that upon collection of such assessment by the handler to whom such peanuts are so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed peanuts to another person or handler.
(g) The commission may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by handlers and may take all legal action necessary to enforce payment of the same by handlers. The commission is authorized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the commission, to levy and collect such executions and to make their return thereof to the commission in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. The commission shall likewise be authorized to collect, by execution as provided in this subsection or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected peanuts giving rise to such liability to a person other than to a handler who has collected such assessment and is required by this Code section to remit the same to the commission. Furthermore, the commission may proceed against such producer and the purchaser of such peanuts simultaneously if the purchaser is a handler required to collect such assessment, until satisfaction is obtained.
(h) Any moneys collected by the commission pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed
by the commission only for the necessary expenses incurred by the commission, as approved by the commission. Funds so collected shall be deposited and disbursed in
conformity with appropriate rules and regulations prescribed by the commission. All such expenditures by the commission shall be audited at least annually by the state
auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor and the commission. If the commission js abolished, any funds
remaining in its hands at such time shall be used to pay the existing obligations of the
WEDNESDAY, FEBRUARY 15, 1989
981
commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid into the state treasury as unclaimed trust funds.
(i) Moneys deposited by the commission pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the commission as provided for funds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas of production that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine whether they are in compliance with this Code section.
2-8-68. (a) Any assessment levied or established in accordance with this article in such specified amount as may be determined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the commission. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of compe-
tent jurisdiction for the collection thereof. (b) In the event that any producer or handler duly assessed pursuant to this article
fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding 10 percent of such unpaid assessment to defray the cost of enforc-
ing the collection of such unpaid assessment. (c) The provisions of subsection (a) of this Code section with respect to collection
of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10
percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the
commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment
levied and shall be for the use of the commission as are other moneys received under this article.
2-8-69. (a) The commission may require any and all processors or distributors subject to the provisions of any marketing order issued pursuant to this article:
(1) To maintain books and records reflecting their operations under the marketing order;
(2) To furnish to the commission or its duly authorized or designated representatives such information as may from time to time be requested by them relating to operations under the marketing order; and
(3) To permit inspection by the commission or its duly authorized or designated
representatives of such portions of such books and records as relate to operations under the marketing order. (b) Information obtained by any person under this Code section shall be confidential
and shall not be disclosed by him to any other person, except to a person with like right to obtain the information or to any attorney employed to give legal advice thereupon or by court order.
(c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for
the production of books, records, or documents of any kind. 2-8-70. Whenever the use by a producer or handler of a particular emblem, label,
certificate, or other distinctive designation of grade, quality, or condition, other than grade or other quality designations then in effect pursuant to state or federal grade standards, is made contingent upon compliance with certain production or handling regula-
tions authorized by a marketing order issued and made effective under this article, it shall be unlawful and a violation of this article for any person who Us not participating
in and complying with such order or regulations to use such designation of grade, quality, or condition.
2-8-71. (a) Any authorized inspector or other authorized person discharging his duties in the checking of compliance with any marketing order made effective pursuant
982
JOURNAL OF THE HOUSE,
to this article may enter during normal business hours and inspect any premises, enclosure, building, or conveyance where he has reason to believe any peanuts subject to a marketing order are produced, stored, being prepared for market, or marketed and may inspect or cause to be inspected such representative samples of the peanuts as may be necessary to determine whether or not any lot of such peanuts is in compliance with applicable regulations of any marketing order made effective pursuant to this article.
(b) Any authorized inspector or other authorized person in the discharge of his duties, if he has reason to believe that a lot of any peanuts subject to a marketing order issued under this article is not in compliance with the requirements of such marketing order or of marketing rules and regulations issued pursuant thereto, as to quality, condition, size, maturity, pack, labeling, or markings, may hold such lot for a reasonable period of time sufficient to enable such officer to ascertain by an authorized inspection whether such lot complies with such marketing requirements, but in any event not to exceed 72 hours, except as provided in this Code section.
(c) (1) Following inspection, an inspector or other authorized person may affix to any lot which is determined to be in noncompliance an official notice, warning tag, or other appropriate marking warning that the lot is held and stating the reasons therefor. It shall be unlawful for any person, other than an authorized inspector or enforcing officer, to detach, alter, deface, or destroy any such official notice, warning tag, or marking so affixed to any such lot or to remove or dispose of such lot in any manner or under conditions other than as prescribed in such notice of noncompliance, except upon written permission of an authorized enforcing officer or by order of a court of competent jurisdiction.
(2) The commission or the authorized person by whom such lot is being held shall serve the person in possession of such lot with a notice of noncompliance. Such notice shall be served in person or by mail to the last known address of the person in possession. It shall be the duty of the person in possession to notify the owner of the lot or other persons having an interest therein of the serving of such notice of noncompliance.
(3) Such notice of noncompliance shall include a description of the lot and the place where and reasons for which it is held and shall cite the applicable marketing order or marketing rules and regulations and the Code section upon which the notice of noncompliance is based.
(d) (1) The owner of a lot shall have not more than 72 hours from the time of the service of a notice of noncompliance for reconditioning or for the correction of the deficiencies noted in the notice of noncompliance. If such lot is reconditioned or the deficiencies are corrected, the enforcing officer shall remove the warning tags or markings and release the lot for marketing, provided that with the consent of the owner of the lot, the enforcing officer is authorized to divert the lot to other lawful uses or to destroy the lot.
(2) (A) If the owner of the lot fails or refuses to give consent to its diversion to other lawful uses or to its destruction or if the lot has not been reconditioned or the deficiencies otherwise corrected so as to bring the lot into compliance within the time specified in the notice, then the enforcing officer shall proceed as provided in this subsection.
(B) The commission may file a verified petition in the superior court of the county where the peanuts are held or the county of the residence of the owner thereof requesting permission to divert such lot to any other available lawful use or to destroy such lot. Such verified petition shall show the condition of the lot; that the lot is situated within the territorial jurisdiction of the court in which the petition is being filed or that the owner thereof resides within the jurisdiction of the court; that the lot is held and the notice of noncompliance has been served as provided in this Code section; that the lot has not been reconditioned as required; the name and address of the owner and the person in possession of the lot; and that the owner has refused permission to divert or to destroy the lot. Upon the filing of such verified petition the court may issue an order to show cause, returnable five days after service upon the owner, why the lot shall not be reconditioned or the
WEDNESDAY, FEBRUARY 15, 1989
983
deficiencies corrected or why the lot shall not be diverted to other lawful uses or destroyed. The owner of the lot may, prior to the date when the order to show cause is returnable, either recondition or correct the deficiencies in the lot so as to bring the lot into compliance or file at or before the hearing on the order an answer with the court showing why the lot should not be reconditioned or the deficiencies corrected so as to bring it into compliance or showing why the lot should not be diverted to other lawful uses or destroyed.
(C) If, at the expiration of the five days, the owner of the lot has failed or refused to recondition or to correct the deficiencies so as to bring the lot into compliance, the court may enter judgment ordering that the lot be reconditioned, diverted to any other lawful uses, or destroyed in the manner directed by the court or that the lot be relabeled or otherwise processed or that the lot be sold or released upon such condition as the court in its discretion may impose, provided that the lot may not be sold or released into the regular channels of trade.
(D) In the event of the sale of any lot by order of the court, the costs of storage, handling, and reconditioning or disposal shall be deducted from the proceeds of the sale and the balance, if any, shall be paid into the court for the account of the owner of any such lot.
(e) Disposal of any lot or portion of any lot pursuant to this Code section, whether such disposal is by arrangement with an enforcing officer or by court order, shall not waive any of the penalty provisions of this article.
(f) This Code section shall apply to any lot of peanuts regulated by a marketing order wherever or in the possession of whomever such lot may be in the marketing channels within this state.
2-8-72. Any person who violates any provision of this article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under this article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount of such penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the commission or by execution issued in like manner as for assessments provided by Code Section 2-8-67. Any moneys recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-67 as are other moneys.
2-8-73. (a) The Attorney General of this state shall, upon complaint by the commission, or may, upon his own initiative if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injunctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued under this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article.
(b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law.
(c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, the judgment, if in favor of the commission, may provide that the
984
JOURNAL OF THE HOUSE,
defendant pay to the commission the costs incurred by the commission in the prosecution of such action.
2-8-74. (a) The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint.
(b) In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination of the complaint and the evidence he believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state.
(c) After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circumstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney of this state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.
2-8-75. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor.
(b) Any person engaged in the handling or processing of peanuts or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address of the persons from whom he has received peanuts regulated by a marketing order issued and in effect under this article and the quantity of such peanuts received shall be guilty of a misdemeanor.
2-8-76. Any person who violates any provision of this article or any provision of any marketing order duly issued by the commission under this article shall be guilty of a misdemeanor.
2-8-77. The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.
2-8-78. This article shall not be applicable to any retailer of peanuts excep extent that any retailer also engages in the processing or distribution of defined in this article.
2-8-79. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
Section 2. Within 30 days following the effective date of this Act it shall be the duty of the Commissioner of Agriculture to turn over any funds and records of the Agricultural Commodity Commission for Peanuts to such commission.
Section 3. The provisions of this Act shall not affect or impair any action taken by any agricultural commodity commission prior to the effective date of this Act, any marketing order in existence on the effective date of this Act, or any rules, regulations, orders, actions, causes of action, contracts, or agreements in effect on such date.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
WEDNESDAY, FEBRUARY 15, 1989
985
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 Abernathy
Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins
Y Bailey Y Baker Y Balkcoro Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cumminga.B Y Cummings.M Y Davis.C
Davis.G
Y Davis.M Dixon.H
Y Dixon,S YDobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin YIsakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey Y McKinney,B
Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfleld Y Smith.L Y Smith,? Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele
Stephens Y Teper
Thomas.C Thomas.M
Y Thompson
Y Thurmond
Y Titus
Y Tolbert
Y Townsend
YTwiggs
Y Vaughan
Y Waddle
Y Walker.C
Y Walker,L Y Wall
YWare
Y Watson
Y Watts
White
Wilder Y Williams,B
Y Williams,J
Yates
Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 643. By Representative Parrish of the 109th:
A bill to amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, so as to provide penalties and interest for late payment of amounts due to the 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 Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Harriett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Carrell
Y Carter Y Chambles Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark.H Y Clark,L Y Colbert
Y Coleman Colwell
Y Connell Y Couch
Cox Y Crawford
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JOURNAL OF THE HOUSE,
Y Crosby Y Cummings,B Y Cummings.M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YTxmg
YLord Lucas
Y Lupton
Y Mangum Martin
Y McCoy McDonald
Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston
Poag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Y Thompson Y Thurmond Titus Y Tolbert Y Townsend Twiggs Y Vaughan Y Waddle Y Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates 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.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Judiciary:
HB 810. By Representatives Johnson of the 123rd, Pannell of the 122nd, Robinson of the 96th, Randall of the 101st and Thurmond of the 67th:
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 authorize counties and municipalities to repair, close, or demolish certain buildings or structures in which drug crimes are being committed; to define a certain term; to provide for county or municipal ordinances relating to certain buildings or structures in which drug crimes are being committed.
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 8. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination; to provide an effective date; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1989
987
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 43-41-20 to read as follows:
"43-41-20. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Recreation Examiners shall be terminated on July 1, 1089 1990, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. 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 Abernathy Y Adams Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Batkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.C
Davis.G Y Davis,M
Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas
Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
Y McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody
Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston
Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith, W
YSmyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Thompson Y Thurmond Titus Y Tolbert Y Townsend Twiggs Y Vaughan Y Waddle Y Walker.C Walker,L Y Wall VWare Y Watson
Y Watts White Wilder
Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker announced the House in recess until 10:30 o'clock this morning.
The Speaker called the House to order.
988
JOURNAL OF THE HOUSE,
The hour of convening the Joint Session pursuant to HR 192 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from His Excellency, Juan Antonio Samaranch, President, International Olympic Committee, was called to order by the President of the Senate, Lieutenant Governor Zell Miller.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort, His Excellency Juan Antonio Samaranch appeared upon the floor of the House and addressed the Joint Session.
Senator Allgood of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Zell Miller, announced the Joint Session dissolved.
The Speaker called the House to order.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health and Ecology and referred to the Committee on Natural Resources and Environment:
HB 746. By Representatives Hasty of the 8th and Stancil of the 8th:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide for the use of individual aerobic waste-water treatment plants instead of septic tanks under certain conditions; to provide for the authority of the Department of Human Resources and county boards of health with regard to such plants.
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 581. By Representatives Groover of the 99th, Walker of the 115th, Lee of the 72nd, Martin of the 26th and McKelvey of the 15th:
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 the definition of the term "wages"; to change the definition of the term "computation date" with respect to the rate of employer contributions in special cases.
The following amendment was read:
Representative Moore of the 139th moves to amend HB 581 by striking from the title on line 3 of page 1 the following:
"to change the definition of the term 'wages';".
By striking in its entirety Section 1, beginning on line 13 of page 1 and continuing through line 8 on page 2, which reads as follows:
"Section 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the 'Employment Security Law,' is amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 34-8-51, relating to the definition of the term 'wages,' and inserting in lieu thereof a new paragraph (1) to read as follows:
WEDNESDAY, FEBRUARY 15, 1989
989
'(1) For the purposes of Code Sections 34-8-120 through 34-8-122, except subsections (d) and (i) of Code Section 34-8-122, and of Code Section 34-8-30, that part of the remuneration which, after remuneration equal to $3,000.00 through December 31, 1971, and $4,200.00 beginning January 1, 1972, through December 31, 1975, and $6,000.00 beginning January 1, 1976, and $7,000.00 beginning January 1, 1983, and $7,500.00 beginning January 1, 1986, and $8,500.00 beginning January 1^ 1990, has been paid to an individual by an employer during any calendar year with respect to employment within this or any other state, is paid to such individual by such employer during such calendar year; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered, for purposes of this provision, as having been paid by the successor employer;'."
By renumbering Sections 2 through 6 as Sections 1 through 5, respectively.
By striking from line 9 of page 2 the following:
"Said chapter is further",
and inserting in lieu thereof the following:
"Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the 'Employment Security Law,' is".
By striking from line 23 of page 2 and line 3 of page 3 the following:
and inserting in lieu thereof the following: "36 24". By striking from lines 12 through 15 of page 7 the following: "provided, further, that for benefit years beginning on or after July 1^ 1990, no weekly
benefit amount shall be established for less than $37.00 nor more than $185.00;".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Aaron Y Abernathy Y Adams Y Aiken N Alford
Y Alien N Athon Y Atkins N Bailey N Baker N Balkcom N Bannister N Barfoot Y Bargeron N Barnett.B Y Barnett.M YBeck
N Benefield YBenn N Birdsong N Bishop N Bostick Y Branch N Breedlove N Brooks Y Brown N Buck N Buford N Byrd
Y Carrell Y Carter N Chambless Y Chance Y Cheeks N Childers
N Clark,B Y Clark.H Y Clark.L Y Colbert
Y Coleman Colwell
N Connell N Couch
Cox
N Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Davis.G
Y Davis.M Y Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee N Goodwin Y Green Y Greene Y Gresham Y Griffin N Groover
N Hamilton Hanner
N Harris Y Hasty N Heard N Herbert Y Holcomb N Holland N Holmes Y Hooks Y Howren Y Hudson
N Irwin N Isakson Y Jackson,J
Jackson.W Y Jamieson N Jenkins
N Johnson N Jones N Kilgore Y Kingston
Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson NLee Y Linder
NLong NLord
Lucas Y Lupton Y Mangum N Martin YMcCoy Y McDonald
N McKelvey McKinney.B
N McKinney.C
Y Meadows Milam
N Mobley Y Moody Y Moore Y Morton N Moultrie
Y Mueller N Oliver.C N Oliver.M YOrr
N Orrock N Padgett N Pannell Y Parham Y Parrish Y Patten Y Pettit N Pinkston
Poag N Porter N Poston Y Powell Y Rainey
N Randall N Ransom YRay Y Reaves N Redding N Richardson Y Ricketson N Robinson Y Royal
Selman N Simpson N Sinkfield
990
JOURNAL OF THE HOUSE,
Y Smith.L Y Smith.P Y Smith.T Y Smith.W
N Smyre YSnow N Stancil.F
Y Stancil,S Stanley
Y Steele N Stephens N Teper
N Thomas.C N Thomas.M
N Thompson N Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan
N Waddle Y Walker.C N Walker,L N Wall N Ware
N Watson N Watts
On the adoption of the amendment, the ayes were 84, nays 82. The amendment was adopted.
Y White Y Wilder Y Williams.B
Y Williams.J N Yates N Yeargin
Murphy,Spkr
Representative Cheeks of the 89th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Groover of the 99th moved that the House reconsider its action in adopting the Moore amendment.
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams N Aiken Y Alford N Alien Y Athon N Atkins Y Bailey Y Baker N Balkcom Y Bannister
Y Barfoot N Bargeron
Y Barnett.B N Barnett.M NBeck Y Benefield
N Benn Y Birdsong
Bishop Y Bostick N Branch Y Breedlove Y Brooks N Brown YBuck Y Buford YByrd
Carrell N Carter Y Chambless N Chance N Cheeks Y Childers Y Clark.B
N Clark.H N Clark.L N Colbert N Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B N Cummings.M
N Davis.C Davis.G
N Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards N Ehrhart N Felton N Fennel
N Floyd N Foster N Godbee N Goodwin
N Green N Greene
N Gresham N Griffin Y Groover Y Hamilton
Manner Y Harris
N Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin N Isakson N Jackson.J
Jackson.W N Jamieson Y Jenkins N Johnson Y Jones Y Kilgore N Kingston Y Lane.D N Lane.R N Langford Y Lawrence N Lawson
YLee N Linder YLong YLord
Lucas N Lupton
N Mangum Y Martin N McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C N Meadows
Milam N Mobley
N Moody N Moore
N Morton Y Moultrie
N Mueller Y Oliver.C Y Oliver.M NOrr
Y Orrock Y Padgett Y Pannell N Parham N Parrish N Patten Y Pettit Y Pinkston
Poag Porter Y Poston Y Powell
N Rainey Y Randall Y Ransom NRay N Reaves Y Redding Y Richardson N Ricketson Y Robinson N Royal Y Selman Y Simpson
Y Sinkfield N Smith.L N Smith.P N Smith.T N Smith.W Y Smyre N Snow Y Stancil.F N Stancil.S
Stanley N Steele Y Stephens
Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond N Titus
N Tolbert N Townsend
Twiggs N Vaughan N Waddle N Walker.C
Y Walker.L Y Wall Y Ware
Y Watson Y Watts N White
N Wilder N Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the motion, the ayes were 89, nays 75. The motion prevailed.
On the readoption of the Moore amendment, the roll call was ordered and the vote was as follows:
N Aaron N Abernathy
N Adams Y Aiken N Alford
Y Alien N Athon Y Atkins
N Bailey N Baker
N Balkcom N Bannister
N Barfoot Y Bargeron
N Barnett.B
Y Barnett,M Y Beck N Benefield
Benn N Birdsong
N Bishop N Bostick
Y Branch N Breedlove N Brooks
WEDNESDAY, FEBRUARY 15, 1989
991
Y Brown NBuck N Buford
NByrd Y Carrell Y Carter N Chambless
Y Chance
Y Cheeks
N Childers
N Clark.B Y Clark.H Y Clark.L
Y Colbert
Coleman
N Colwell
N Connell
N Couch
Cox
N Crawford
N Crosby
Y Cummings.B
Y Cummings.M Y Davis.C
Davis.G Y Davis.M N Dixon.H
N Dixon.S N Dobbs N Dover
N Dunn
N Edwards Y Ehrhart Y Felton
Y Fennel
Y Floyd Y Foster Y Godbee N Goodwin Y Green Y Greene Y Gresham Y Griffin N Groover N Hamilton
Hanner
N Harris
Y Hasty
N Heard N Herbert N Holcomb N Holland Y Holmes Y Hooks Y Howren
Y Hudson
N Irwin N Isakson
Y Jackson,J Jackson.W
Y Jamieson
N Jenkins
Y Johnson
N Jones N Kilgore
Y Kingston
N Lane.D Y Lane.R
Y Langford
Y Lawrence Y Lawson NLee Y Linder N Long NLord
Lucas N Lupton Y Mangum N Martin Y McCoy Y McDonald N McKelvey N McKinney.B N McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore Y Morton N Moultrie Y Mueller
N Oliver.C
On the motion, the ayes were 79, nays 89. The amendment was lost.
N Oliver.M
YOrr N Orrock N Padgett N Pannell
Y Parham
Y Parrish
Y Patten Y Pettit N Pinkston
Poag N Porter N Poston
Y Powell
Y Rainey
N Randall N Ransom YRay Y Reaves N Redding
N Richardson Y Ricketson
N Robinson
Y Royal N Selman N Simpson N Sinkfield Y Smith.L Y Smith.P N Smith.T
Y Smith.W
N Smyre YSnow N Stancil.F
Y Stancil,S
Stanley Y Steele
N Stephens
N Teper N Thomas.C N Thomas.M
N Thompson
N Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C N Walker.L N Wall N Ware N Watson N Watts Y White Y Wilder Y Williams.B Y Williams,J N Yates
N Yeargin
Murphy.Spkr
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon N Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot N Bargeron Y Barnett.B N Barnett.M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd
Carrell N Carter Y Chambless Y Chance
N Cheeks Y Childers Y Clark.B Y Clark.H N Clark.L N Colbert N Coleman Y Colwell
Y Connell Y Couch
Cox Y Crawford N Crosby Y Cummings.B
N Cummings.M N Davis.C Y Davis.G N Davis.M
Y Dixon.H
Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards N Ehrhart N Felton
Fennel Y Floyd
N Foster N Godbee Y Goodwin N Green N Greene
N Gresham N Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty
Y Heard Y Herbert
Y Holcomb
Y Holland
Y Holmes
Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson N Jackson,J
Jackson.W
N Jamieson Y Jenkins
Y Johnson Y Jones
Y Kilgore N Kingston N Lane.D N Lane.R Y Langford N Lawrence N Lawson YLee
N Linder
Y Long
YLord Lucas
Y Lupton Y Mangum Y Martin N McCoy Y McDonald
Y McKelvey
Y McKinney.B Y McKinney.C N Meadows
Milam Y Mobley N Moody N Moore N Morton
Y Moultrie N Mueller Y Oliver.C Y Oliver.M
NOrr
Y Orrock
Y Padgett Y Pannell N Parham N Parrish N Patten Y Pettit Y Pinkston YPoag Y Porter
Y Poston N Powell
N Rainey
Y Randall Y Ransom YRay Y Reaves
Y Redding
Y Richardson N Ricketson Y Robinson N Royal Y Selman
Y Simpson Y Sinkfield
Y Smith,L
Y Smith.P N Smith.T N Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson
Y Thurmond Y Titus N Tolbert
Y Townsend Twiggs
992
JOURNAL OF THE HOUSE,
Y Vaughan Y Waddle N Walker.C
Y Walker.L Y Wall Y Ware
Y Watson Y Watts Y White
N Wilder N Williams,B Y Williams.J
Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 121, nays 48. The Bill, having received the requisite constitutional majority, was passed.
Representatives Carrell of the 65th, Dobbs of the 74th and Fennel of the 155th 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.
By unanimous consent, HB 581 was ordered immediately transmitted to the Senate.
HB 630. By Representatives Rainey of the 135th, Moody of the 153rd, McKelvey of the 15th, Redding of the 50th and Milam of the 81st:
A bill to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, known as the "Dangerous Dog Control Law," so as to change the definition of a potentially dangerous dog; to change the provisions relating to identifying dangerous dogs or potentially dangerous dogs.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, known as the "Dangerous Dog Control Law," so as to change the definition of a dangerous dog and potentially dangerous dog; to change the provisions relating to identifying dangerous dogs or potentially dangerous dogs; to provide for certain reports and activities with regard thereto; to provide for certain notices when the owners of dangerous dogs or potentially dangerous dogs move; to provide that new residents shall register dangerous dogs or potentially dangerous dogs within a certain time limitation; to provide that a certificate of registration or a renewal thereof issued by a local government for a dangerous dog or potentially dangerous dog does not warrant or guarantee compliance with the requirements of the article; to provide that certificates of registration shall be renewed annually; to provide for the intention of the General Assembly with regard to local ordinances or resolutions; to provide for the intention of the General Assembly with regard to liabilities arising from injuries inflicted by dangerous dogs and potentially dangerous dogs; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, known as the "Dangerous Dog Control Law," is amended by striking paragraphs (1) and (6) of subsection (a) of Code Section 4-8-21, relating to definitions, in its entirety and substituting in lieu thereof, respectively, new paragraphs (1) and (6) to read as follows:
"(1) 'Dangerous dog' means any dog that, according to the records of an appropriate authority:
(A) Has without provocation inflicted Inflicts a severe injury on a human being without provocation on public or private property at any time after March 31, 1989; 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." "(6) 'Potentially dangerous dog" means any dog with a known propensity, tendency,
WEDNESDAY, FEBRUARY 15, 1989
993
ef human beings er any deg that when unprovoked: without provocation bites a human being on public or private property at any time after March 31, 1989.
(A) Inflicts bites en a human being en public er private property; er 4B) Chases er approaches a human being upon the street, sidewalks, er any public
Section 2. Said article is further amended by striking subsection (a) of Code Section 4-8-23, relating to investigations by dog control officers, which reads as follows:
"(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.", in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon receiving a report of a dangerous dog or potentially dangerous dog within a dog control officer's jurisdiction from a law enforcement agency, animal control agency, rabies control officer, or county board of health, the dog control officer shall make such investigations and inquiries with regard to such report as may be necessary to carry out the provisions of this article. Any local government shall be authorized but not required to provide by ordinance or resolution for additional duties of a dog control officer in identifying dangerous dogs or potentially dangerous dogs and their owners to carry out the provisions of this article."
Section 3. Said article is further amended by striking subsections (e) and (f) of Code Section 4-8-25, relating to requirements for possessing dangerous dogs or potentially dangerous dogs, in their entirety and substituting in lieu thereof new subsections (e), (f), (g), and (h) to read as follows:
"(e) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer if the owner is moving from the dog control officer's jurisdiction. The owner of a dangerous dog or potentially dangerous dog who iss a new resident of the State of Georgia shall register the dog as required in this Code section within 30 days after becoming a resident. The owner of a dangerous dog or potentially dangerous dog who moves from one jurisdiction to another within the State of Georgia shall register the dangerous dog or potentially dangerous dog in the new jurisdiction within ten days after becoming a resident.
(f) Issuance of a certificate of registration or the renewal of a certificate of registration by a local government does not warrant or guarantee that the requirements specified in subsections (b) and (c) of this Code section are maintained by the owner of a dangerous dog or potentially dangerous dog on a continuous basis following the date of the issuance of the initial certificate of registration or following the date of any annual renewal of such certificate.
fe) (g) 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.
(f4 (h) A local government may charge an annual fee, in addition to regular doglicensing fees, to register dangerous dogs and potentially dangerous dogs as required in this Code section. Certificates of registration shall be renewed on an annual basis. At the time of the annual renewal of a certificate of registration, a dog control officer shall require evidence from the owner or make such investigation as may be necessary to verify that the dangerous dog or potentially dangerous dog is continuing to be confined in a proper enclosure and that the owner is continuing to comply with other provisions of this article."
Section 4. Said article is further amended by striking Code Section 4-8-29, relating to construction of the article, in its entirety and substituting in lieu thereof a new Code Section 4-8-29 to read as follows:
"4-8-29. (a) 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 ef this article shall net be
994
JOURNAL OF THE HOUSE,
in conflict er are inconoiatcnt with the provisions ef this article^ (b) It is the intention of this article to establish as state law minimum standards and
requirements for the control of dangerous dogs and potentially dangerous dogs and to provide for certain state crimes for violations of such minimum standards and requirements. However, this article shall not supersede or invalidate existing ordinances or resolutions of local governments or prohibit local governments from adopting and enforcing ordinances or resolutions which provide for more restrictive control of dogs, including a more restrictive definition of a dangerous dog or potentially dangerous dog, than the minimum standards and requirements provided for in this article."
Section 5. Said article is further amended by adding at the end thereof a new Code Section 4-8-30 to read as follows:
"4-8-30. It is the intent of the General Assembly that the owner of a dangerous dog or potentially dangerous dog shall be solely liable for any injury to or death of a person caused by such dog. Under no circumstances shall a local government or any employee or official of a local government which enforces or fails to enforce the provisions of this article be held liable for any damages to any person who suffers an injury inflicted by a dog that has been identified as being a dangerous dog or potentially dangerous dog or by a dog that has been reported to the proper authorities as being a dangerous dog or potentially dangerous dog or by a dog that a local government has failed to identify as a dangerous dog or potentially dangerous dog or by a dog which has been identified as being a dangerous dog or potentially dangerous dog but has not been kept or restrained in the manner described in subsection (b) of Code Section 4-8-25 or by a dangerous dog or potentially dangerous dog whose owner has not maintained insurance coverage or a surety bond as required in subsection (c) of Code Section 4-8-25."
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 Abernathy Y Adams Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M YBeck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y 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
Cox
Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C
Davis.G Y Davia.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover
Y Hamilton Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee
Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston YPoag Y Porter
WEDNESDAY, FEBRUARY 15, 1989
995
Y Poston Y Powell Y Rainey
Randall Y Ransom Y Ray
Reaves Y Redding Y Richardson
Ricketson
Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,?
Y Smith.T Y Sraith.W
Y Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens
Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker announced the House in recess until 1:30 o'clock, this afternoon.
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JOURNAL OF THE HOUSE,
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 281. By Representative Byrd of the 153rd: A resolution recognizing and commending the officials of the Youth Assembly.
HR 282. By Representative Bostick of the 138th: A resolution commending the 1988 Tift Area Academy football team.
HR 283. By Representative Oliver of the 121st: A resolution commending the Tattnall County Historic Preservation, Inc.
HR 284. By Representatives McKelvey of the 15th and Barnett of the 10th: A resolution recognizing and commemorating the 200th anniversary of the United States Marshals Service.
HR 285. By Representative Greene of the 130th: A resolution commending Mr. L. M. Moye, Jr.
HR 286. By Representative Oliver of the 121st: A resolution expressing sympathy at the passing of Leslie G. Mitcham, Jr.
HR 287. By Representative Redding of the 50th: A resolution commending Mr. Robert T. Burgess, Sr.
HR 288. By Representative Edwards of the 112th: A resolution commending Dr. Bernard L. Kahn.
HR 289. By Representatives Birdsong of the 104th, Green of the 106th, Moore of the 139th, Dobbs of the 74th, Davis of the 45th and others: A resolution urging owners of timberlands and other landowners leasing hunting rights to give preference to Georgia residents in the selection of lessees.
HR 290. By Representative Barnett of the 10th: A resolution expressing sympathy at the passing of Mrs. Ruth Essie Roe.
HR 291. By Representative Hamilton of the 124th: A resolution commending the Permanent Homes for Children in Georgia program.
WEDNESDAY, FEBRUARY 15, 1989
997
HR 292. By Representative Barnett of the 10th: A resolution expressing sympathy at the passing of Mr. Colvard Grady Buice.
HR 293. By Representative Barnett of the 10th:
A resolution expressing sympathy at the passing of Mrs. Brenda Barnett Dudley.
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 31. By Representatives Richardson of the 52nd, Hooks of the 116th, Connell of the 87th, Lee of the 72nd, Childers of the 15th and others
A RESOLUTION
Creating the Joint Health Care Personnel Supply and Planning Study Committee; and for other purposes.
WHEREAS, Georgia is experiencing a critical nursing shortage with an estimated 3,000 to 4,000 nursing vacancies in hospitals alone; and
WHEREAS, there is a growing concern about emerging personnel shortages in other allied health fields; and
WHEREAS, increased demands for health care will result from a number of factors, including the growing elderly population, the prevalance of AIDS, high teenage pregnancy rates and increased rates of infant mortality and morbidity associated therewith, increased acuity of consumer health care needs, and federal legislation regarding the placement of mentally ill and mentally retarded in nursing facilities; and
WHEREAS, these increased health care demands will place unprecedented burdens on already scarce human and financial resources; additionally, health care payment systems continue to impact the provision of health care services; and
WHEREAS, the preparation of health care personnel is an expensive and rapidly growing area of education and in order to plan for the future Georgia must have up-todate information about the health care environment as well as comprehensive health care personnel supply and demand data; and
WHEREAS, although various agencies in the state collect data regarding health care trends and the supply and demand for health care personnel, there is no state-wide analysis and reporting of these data which will be necessary to ensure that health care providers, the government, and the education system will have needed information to make decisions to meet ever-increasing demands for health care personnel.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Health Care Personnel Supply and Planning Study Committee to be composed of 20 members. Five of the members shall be members of the House of Representatives and be appointed to the committee by the Speaker of the House, who shall also designate one of the House members of the committee as chairman. Five of the members shall be members of the Senate and be appointed to the committee by the President of the Senate, who shall also designate one of the Senate members of the committee as vice-chairman. The Governor shall appoint one member from the Georgia Department of Technical and Adult Education and one member from the University System of Georgia. The remaining eight members shall be the executive director or chairperson, or designee thereof, of each of the following organizations: Business Council of Georgia; Medical Association of Georgia; Georgia Society of Allied Health Professions;
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JOURNAL OF THE HOUSE,
Georgia Hospital Association; Georgia Health Care Association; Georgia Optometric Association; Georgia Nurses Association; and Georgia Licensed Practical Nurses Association.
BE IT FURTHER RESOLVED that the committee shall gather comprehensive data regarding health care personnel supply and demand and health care trends and use such data to formulate a comprehensive and coordinated plan to achieve and maintain a balance between the supply and demand of such personnel considering geographic areas where they are most needed.
BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members shall receive the expenses and allowances authorized for legislative members of interim legislative committees. Members of the committee who are employees of the state or Board of Regents shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. The funds necessary for the reimbursement of the expenses of any state employee, other than legislative members, shall come from funds appropriated to or otherwise available to the respective department of that employee. All other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. Legislative members of the committee shall receive expenses and allowances for not more than five days of committee meetings unless additional days are authorized. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, and that report shall be made on or before December 1, 1989. The committee shall stand abolished on December 1, 1989.
The following amendments were read and adopted:
The Committee on Rules moves to amend HR 31 by striking from line 14 of page 2 the following:
"19",
and inserting in its place the following: "20".
By striking from line 24 of page 2 the following: "seven", and inserting in its place the following: "eight".
By adding preceding the words "Georgia Nurses" on line 29 of page 2 the following: "Georgia Optometric Association;".
Representative Richardson of the 52nd moves to amend HR 31 as follows: By striking "ten" from line 27 of page 3 and inserting in its place "five".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
WEDNESDAY, FEBRUARY 15, 1989
999
Y Aaron Abernathy Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L
Y Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G N Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Greene Y Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Hooks Y Howren Y Hudson Y Irwin Isakson Y Jackson.J Jackson,W Y Jamieson Jenkins Y Johnson Jones Kilgore Y Kingston Lane.D Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder Long Lord Y Lucas Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney.B
McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Randall Y Ransom Y Ray Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L
Smith,? Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S Stanley Y Steele Y Stephens Y Teper Y Thomas.C Thomas.M Y Thompson Thurmond Y Titus Y Tolbert Townsend Twiggs Y Vaughan Y Waddle Walker.C Walker.L Y Wall Y Ware Watson Y Watts White Y Wilder Williams.B Williams.J Yates Y Yeargin Murphy,Spkr
On the adoption of the Resolution, as amended, the ayes were 124, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 263. By Representative Bostick of the 138th:
A resolution commending Mr. Larry Wayne Bussey and inviting him to appear.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 139. By Representatives Thomas of the 69th, Porter of the 119th and Oliver of the 53rd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforcement of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provisions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations.
The following Committee substitute was read:
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JOURNAL OF THE HOUSE,
A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise extensively the statutes relative to the enforcement of child and spousal support obligations; to implement certain provisions of the federal Family Support Act of 1988 (Pub. Law 100-485); to amend the provisions relating to the authority of the court to order the immediate deduction from wages of spousal and child support obligations; to provide for income deduction orders; to provide definitions for income deduction orders; to provide for the issuance of income deduction orders; to provide for enforcement of income deduction orders; to provide for guidelines for the setting of child support awards; to amend the provisions relating to the use of child support award guidelines by the department; to amend the provisions relating to the authority to review child support orders periodically and modify such orders as conditions merit; to provide for the recovery of costs to employers for voluntary wage assignments; to provide for the removal of contract limitations on the department; to change the provisions relating to authority of district attorneys; to change the provisions relating to wage assignments; to change the provisions relating to voluntary wage assignments; to provide for the inclusion of medical support and accident and sickness insurance coverage in administrative orders; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic
relations, is amended by striking Code Section 19-6-15, relating to child support in a final
verdict or decree, and inserting in lieu thereof a new Code Section 19-6-15 to read as fol-
lows:
"19-6-15. (a) In its the final verdict or decree, the trier of fact shall specify in what
amount and from which party the minor children are entitled to permanent support.
The final verdict or decree shall further specify in what manner, how often, to whom,
and until when the support shall be paid. When support is awarded, the party who is
required to pay the support shall not be liable to third persons for necessaries furnished
to the children embraced in the verdict or decree.
(b) The child support award shall be computed as provided in this subsection.
(1) Computation of child support shall be based upon gross income.
(2) For the purpose of determining the obligor's child support obligation, gross
income shall include 100 percent of wage and salary income or other compensation for
personal services, interest, dividends, net rental income, self-employment income, and
all other income, except need-based public assistance.
(3) The earning capacity of an asset of a party available for child support may be
used in determining gross income. The reasonable earning potential of an asset may
be determined by multiplying its equity by_ a reasonable rate of interest. The amount
generated by that calculation should be added to the obligor's gross monthly income.
(4) Allowable expenses deducted to calculate self-employment income that person-
ally benefit the obligor, or economic in-kind benefits received by an employed obligor,
may be included in calculating the obligor's gross monthly income.
(5) If the obligor elected to work at a position which generates lower income than
would be consistent with the obligor's education, training, and work experience, the
obligor may be considered underemployed by choice, and the guidelines may be
applied to the obligor's earning potential.
(6) The amount of child support shall be determined by multiplying the obligor's
gross income per pay period by a percentage based on the number of children for
whom child support is being determined. The applicable percentages of gross income
to be considered by the trier of fact are:
Number of
Children
Percentage of Gross Income Range
1
17 percent to 23 percent
2
23 percent to 28 percent
3
25 percent to 32 percent
WEDNESDAY, FEBRUARY 15, 1989
1001
4
29 percent to 35 percent
5 or more
31 percent to 37 percent
(c) The trier of fact may vary the final award of child support, up or down, outside
the range enumerated in paragraph (6) of subsection (b) of this Code section upon a
written finding of special circumstances. The special circumstances may be any factor
which the trier of fact deems to be required by the ends of justice. Some of the factors
which may warrant such variations include, but are not limited to:
(1) Ages of the children;
(2) Medical costs;
(3) Educational costs;
(4) Day care costs;
(5) Shared physical custody arrangements, including extended visitation;
(6) A party's other support obligations to another household;
(7) Income that should be imputed to a party because of suppression of income;
(8) In-kind income for the self employed, such as reimbursed meals or a company
car;
(9) Other support a party is providing or will be providing, such as payment of a
mortgage;
(10) A party's own extraordinary needs, such as medical expenses;
(11) Extreme economic circumstances (for example, unusually high debt structure
or unusually high income); and
(12) Historical spending in the family for children which varies significantly from
the percentage table.
(d) The guidelines shall be reviewed by a commission appointed by the Governor to
ensure that their application results in the determination of appropriate child support
award amounts. The commission will complete its review and submit its report within
four years following July 1^ 1989, and shall continue such reviews every four years there-
after. Nothing contained in such report shall be considered to authorize or require a
change in the guidelines without action by the General Assembly having the force and
effect of law."
Section 2. Said title is further amended by adding at the end of Code Section 19-6-30, relating to provisions for collection by continuing garnishment for support, a new subsection (c) to read as follows:
"(c) All Title IV-D (child support recovery) cases involving orders of support of a child or spouse entered or modified prior to July 1, 1989, or thereafter shall be subject to income deduction as defined in Code Sections 19-6-31, 19-6-32, and 19-6-33. All other orders are expressly excluded from the application of these provisions."
Section 3. Said title is further amended by adding at the end of Chapter 6 of said tide, relating to alimony and child support generally, three new Code sections, to be designited as Code Sections 19-6-31, 19-6-32, and 19-6-33, to read as follows:
; "19-6-31. As used in Code Sections 19-6-32 and 19-6-33, the term: (1) 'Accruing on a daily basis' means the amount of support computed by conver-
sion of the periodic amount to an annual sum, divided by 365. (2) 'Court' includes proceedings conducted by an appointed court referee and pro-
ceedings conducted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' as relates to the enforcement of the duty of support as defined in Chapter 11 of Title 19.
(3) 'Department' means the Department of Human Resources. (4) 'Family member' means any minor child of the defendant or a spouse or former spouse of the defendant. (5) 'Income' or 'earnings' means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise and includes periodic payments pursuant to a pension or retirement program. (6) 'IV-D' means Title IV-D of the federal Social Security Act. (7) 'IV-D agency' means the Office of Child Support Recovery of the Department
of Human Resources and its contractors.
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JOURNAL OF THE HOUSE,
(8) 'IV-D judgment' means any order or judgment of a court of this state, any order or judgment of a court of another state or any final administrative order issued by another state and transmitted to this state for the purpose of wage deduction pursuant to Code Section 19-6-33, any order of this state entered pursuant to a proceeding under Chapter 10 of Title 19, or any final administrative order for support issued by the department under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(9) 'Periodic support' means support required by the terms of a court order or judgment or an administrative order to be paid regularly on a daily, weekly, monthly, or similar specified frequency.
19-6-32. (a) (1) After July 1, 1989, upon the application to the child support (IV-D) agency or modifying a child support obligation or spousal support obligation under subsection (d) of Code Section 19-11-6, the court, referee of the court, or administrative hearing officer shall enter a separate order for income deduction if one has not been entered. Copies of the order shall be served on the obligee and obligor. If the support order directs that support payments be made through the child support receiver, the court shall provide a copy of the support order to the receiver. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court, referee, or administrative hearing officer shall furnish copies of the support order and the income deduction order to the IV-D agency.
(2) For all child support orders or spousal support orders under subsection (d) of Code Section 19-11-6 prior to July 1, 1989, an order for income deduction may be issued without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative hearing officer is afforded. (b) The income deduction order shall:
(1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor's support obligation;
(2) State the amount of arrearage owed, if any, and direct a payor to withhold an additional 20 percent of the periodic amount specified in the support order, until full payment is made of an arrearage; and
(3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended.
(c) The income deduction order is effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement.
(d) The income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of the court.
(e) When the court orders the income deduction to be effective immediately, the court shall furnish to the obligor a statement of his rights, remedies, and duties in regard to the income deduction order. The statement shall state:
(1) All fees or interest which shall be imposed;
(2) The total amount of income to be deducted for each pay period until the arrearage, if any, is paid in full and state the total amount of income to be deducted
for each pay period thereafter. The amounts deducted may not be in excess of that
allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended;
(3) That the income deduction applies to current and subsequent payors and periods of employment;
(4) That a copy of the income deduction order will be served on the obligor's payor or payors;
(5) That the enforcement of the income deduction order may only be contested on
the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and
WEDNESDAY, FEBRUARY 15, 1989
1003
(6) That the obligor is required to notify the obligee and, when the obligee is receiving Title IV-D services, the IV-D agency within seven days of changes in the obligor's address and payers and the addresses of his payors. (f) When the court orders the income deduction to be effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee may enforce the income deduction by serving notice of delinquency on the obligor. The notice of delinquency shall state:
(1) The terms of the support order; (2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed; (3) All fees or interest which may be imposed; (4) The total amount of income to be deducted for each pay period until the arrearage and all applicable fees and interest is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended; (5) That a copy of the notice of delinquency will be served on the obligor's payor or payors, together with a copy of the income deduction order unless the obligor applies to the court to contest enforcement of the order. The application shall be filed within 15 days after the date the notice of delinquency was served; (6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payors. All changes shall be reported by the obligor within seven days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee. The failure of the obligor to receive the notice of delinquency does not preclude subsequent service of the income deduction order on the obligor's payor. A notice of delinquency which fails to state an arrearage does not mean that an arrearage is not owed. (g) At any time, any party, including the IV-D agency, may apply to the court, referee of the court, or administrative hearing officer to:
(1) Modify, suspend, or terminate the order for income deduction because of a modification, suspension, or termination of the underlying order for support; or
(2) Modify the amount of income deducted when the arrearage has been paid.
19-6-33. (a) The obligee or his agent shall serve an income deduction order and the notice to the payor, and in the case of a delinquency a notice of delinquency, on the obligor's payor unless the obligor has applied for a hearing to contest the enforcement of the income deduction order pursuant to subsection (c) of this Code section.
(b) Service by or upon any person who is a party to a proceeding under this Code section shall be made in the manner prescribed by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.' Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail.
(c) (1) The obligor, within 15 days after having an income deduction order entered or within 15 days after service of a notice of delinquency, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay the service of an income deduction order on all payors of the obligor until a hearing is held and a determination is made as to whether the enforcement of the income deduction is proper. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obligor's payor.
(2) When an obligor timely requests a hearing to contest enforcement of an income
deduction order, the court, referee, or administrative hearing officer after due notice
to all parties and the IV-D agency, if the obligee is receiving IV-D services, shall hear
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JOURNAL OF THE HOUSE,
the matter within 20 days after the application is filed. The court, referee, or administrative hearing officer shall enter an order resolving the matter within ten days after the hearing. A copy of this order shall be served on the parties and the IV-D agency if the obligee is receiving IV-D services. If the court determines that service of an income deduction order is proper, it shall specify the date the income deduction order must be served on the obligor's payor.
(d) When a court, court referee, or administrative hearing officer determines that an income deduction order is proper pursuant to subsection (c) of this Code section, the obligee or his agent shall cause a copy of the income deduction order and a notice to payor, and in the case of a delinquency a notice of delinquency, to be served on the obligee's payers. A copy of the notice to the payor, and in the case of a delinquency a notice of delinquency, shall also be furnished to the obligor.
(e) The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall:
(1) Require the payor to deduct from the obligor's income the amount specified in the income deduction order, and in the case of a delinquency the amount specified
in the notice of delinquency, and to pay that amount to the obligee or to a child support receiver, the IV-D agency, or other designee, as appropriate. The amount actually
deducted plus all administrative charges shall not be in excess of the amount allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section
1673(b); (2) Instruct the payor to implement the income deduction order no later than the
first pay period that occurs after 14 days following the date the notice was mailed;
(3) Instruct the payor to forward, within two days after each payment date, to the obligee or the receiver the amount deducted from the obligor's income and a state-
ment as to whether that amount totally or partially satisfies the periodic amount specified in the income deduction order. If the IV-D agency is enforcing the order, the
payor shall make these notifications to the agency instead of the obligee; (4) Specify that if a payor fails to deduct the proper amount from the obligor's
income, the payor is liable for the amount the payor should have deducted, plus costs,
interest, and reasonable attorney's fees; (5) Provide that the payor may collect up to $5.00 against the obligor's income to
reimburse the payor for administrative costs for the first income deduction and up to $1.00 for each deduction thereafter;
(6) State that the income deduction order and the notice to payor, and in the case
of a delinquency the notice of delinquency, are binding on the payor until further notice by the obligee, IV-D agency, or the court or until the payor no longer provides income to the obligor;
(7) Instruct the payor that, when the payor no longer provides income to the obli-
gor, the payor shall notify the obligee and shall also provide the obligor's last known address and the name and address of the obligor's new payor, if known, and that, if
the payor violates this provision, the payor is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for any subsequent violation. If the IV-D
agency is enforcing the order, the payor shall make these notifications to the agency instead of to the obligee. Penalties shall be paid to the obligee or the IV-D agency,
whichever is enforcing the income deduction order; (8) State that no employer may discharge any employee by reason of the fact that
income has been subjected to an income deduction order and that a violation of this
provision subjects the payor to a civil penalty not to exceed $250.00 for the first violation or $500.00 for a subsequent violation. Penalties shall be paid to the obligee or
the IV-D agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor;
(9) Inform the payor that the income deduction order has priority over all other
legal processes under state law pertaining to the same income and that payment, as required by the income deduction order, is a complete defense by the payor against
any claims of the obligor or his creditors as to the sum paid;
(10) Inform the payor that if the payor receives income deduction orders requiring
that the income of two or more obligors be deducted and sent to the same depository,
WEDNESDAY, FEBRUARY 15, 1989
1005
he may combine the amounts paid to the depository in a single payment as long as he identifies that portion of the payment attributable to each obligor; and
(11) Inform the payor that if the payor receives more than one income deduction order against the same obligor, he shall contact the court for further instructions. Upon being so contacted, the court shall allocate amounts available for income deduction giving priority to current child support obligations up to the limits imposed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b). (f) At any time an income deduction order is being enforced, the obligor may apply to the court for a hearing to contest the continued enforcement of the income deduction order on the same grounds set out in subsection (c) of this Code section, with a copy to the obligee and, in IV-D cases, to the IV-D agency. The application does not affect the continued enforcement of the income deduction order until the court enters an order granting relief to the obligor. The obligee of the IV-D agency is released from liability for improper receipt of moneys pursuant to an income deduction order upon return to the appropriate party of any moneys received. (g) An obligee, or his agent, shall enforce income deduction orders against an obligor's successor payor who is located in this state in the same manner prescribed in this Code section for the enforcement of an income deduction order against a payor. (h) (1) When an income deduction order is to be enforced against a payor located outside the state, the obligee who is receiving IV-D services or his agent shall promptly request the agency responsible for income deduction in the other state to enforce the income deduction order. The request shall contain all information necessary to enforce the income deduction order, including the amount to be periodically deducted, a copy of the support order, and a statement or arrearages, if applicable.
(2) When the IV-D agency is requested by the agency responsible for income deduction in another state to enforce an income deduction order against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency in the other state, the IV-D agency shall act promptly pursuant to the applicable provisions of this Code section.
(3) When an obligor who is subject to an income deduction order enforced against a payor located in this state for the benefit of an obligee who is being provided IV-D services by the agency responsible for income deduction in another state terminates his relationship with his payor, the IV-D agency shall notify the agency in the other state and provide it with the name and address of the obligor and the address of any new payor of the obligor, if known.
(4) The procedural rules and laws of this state govern the procedural aspects of income deduction orders whenever the agency responsible for income deduction in another state requests the enforcement of an income deduction order in this state, (i) Certified copies of payment records maintained by a child support receiver or the IV-D agency shall, without further proof, be admitted into evidence in any legal proceeding in this state.
(j) No employer shall discharge any employee by reason of the fact that income has been subjected to an income deduction order. An employer who violates this paragraph is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for any subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order, if any support is owing. If no support is owing, the penalty shall be paid to the obligor.
(k) When a payor no longer provides income to an obligor, he shall notify the obligee and, if the obligee is an IV-D applicant, the IV-D agency and shall provide the obligor's last known address and the name and address of the obligor's new payor, if known. A payor who violates this subsection is subject to a civil penalty not to exceed $250.00 for the first violation or $500.00 for a subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order."
Section 4. Said title is further amended by striking Code Section 19-11-12, relating to the standard for determining ability to support, which reads as follows:
1006
JOURNAL OF THE HOUSE,
"19-11-12. (a) The department shall establish a standard by which the ability of the absent responsible parent to support his child or children shall be measured. The standard shall be designed to ensure that the child for whom support is sought benefits from the income and resources of the absent parent on an equitable basis in comparison with any other minor children of the absent parent.
(b) The standard established by the department pursuant to subsection (a) of this Code section shall take into consideration:
(1) All earnings, income, and resources of the absent parent, including real and personal property;
(2) The earnings potential of the absent parent; (3) The reasonable necessities of the absent parent; (4) The needs of the child for whom support is sought; (5) The amount of assistance that would be paid the child under the full standard of need established by the state plan under the federal Social Security Act; and (6) The existence of other dependents of the absent parent. (c) An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial situation by voluntarily incurring subsequent obligations.", and inserting in lieu thereof a new Code Section 19-11-12 to read as follows: "19-11-12. (a) The department shall determine the ability of the absent responsible parent to support his child or children in accordance with the guidelines prescribed in Code Section 19-6-14.
(b) The department shall implement a process for the periodic review and adjustment of child support orders so that the order is reviewed no later than 36 months from establishment or from the most recent review. Exceptions to this procedure are cases where the department determines that such a review would not be in the best interests of the child and neither parent has requested such a review and in cases in which application is made under subsections (c) and (d) of Code Section 19-11-6 (NON A.F.D.C. cases) if neither parent requests such a review.
(c) The procedures shall ensure that the state notify each parent subject to a child support order in effect in the state (i) of any review of such order, at least 30 days before the commencement of such review; (ii) of the right of such parent to request the state to review such order; and (iii) of a proposed adjustment (or determination that there should be no change) in the child support award amount, and such parent is afforded, not less than 30 days after such notification, an opportunity to initiate proceedings either through an administrative hearing within the department or before a court to challenge such adjustment or determination.
(d) The administrative order adjusting the child support award amount which results from a hearing or the failure to contest such shall, upon filing with the local clerk of the court, have the full effect of a modification of the original order or decree of support. As part of the order adjusting the child support award the hearing officer shall issue an income deduction order which shall also be filed with the court pursuant to Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33.
(e) An obligor shall not be relieved of his duty to provide support when he has brought about his own unstable financial condition by voluntarily incurring subsequent obligations."
Section 5. Said title is further amended by striking Code Section 19-11-15, relating to voluntary support agreements, and inserting in lieu thereof a new Code Section 19-11-15 to read as follows:
"19-11-15. (a) When the department has completed its investigation, has applied the standard established pursuant to Code Section 19-11-12 to a an absent parent, and believes that he the absent parent is able to furnish a certain amount of support, the department may request the absent parent to agree in writing to provide the support amount along with accident and sickness insurance coverage consistent with Code Section 19-11-26. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a voluntary support
WEDNESDAY, FEBRUARY 15, 1989
1007
agreement from the parent, the department or its designated hearing officer may conduct an administrative hearing to determine finally the ability to support, the ability to provide accident and sickness insurance coverage, and the amount of support.
(b) The hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least 16 ten days before it is te be held, and the hearing decision shall issue not more than ten days after the hearing.
(c) Whenever the department, after a hearing, determines the amount of support and the ability to provide sickness and accident insurance coverage, it shall deliver the determination to the absent parent personally or shall send it by certified regular mail. The final order shall include an order for income deduction consistent with Code Sections 19-6-30 through 19-6-34, and inform the absent parent in plain language:
(1) That failure to support may result in the foreclosure of liens on his personal or real property, in garnishment of his wages or other personalty, or in other collection actions; and
(2) That he has the right to appeal the determination within 30 days."
Section 6. Said title is further amended by adding at the end of Code Section 19-11-20, relating to wage assignments, a new subsection (d) to read as follows:
"(d) The employer or payor may collect up to $5.00 against the obligor's income to reimburse the employer or payor for administrative costs for the first income deduction and up to $1.00 for each deduction thereafter."
Section 7. Said title is further amended by striking Code Section 19-11-23, relating to authority of district attorneys, and inserting in lieu thereof a new Code Section 19-11-23 to read as follows:
"19-11-23. The district attorneys of this state shall be authorized to render such assistance to the department as the department may request and to file and prosecute, in any of the several courts of this state or of the United States, such civil or criminal actions on behalf of the department as may be necessary to ensure the proper enforce-
require non~/\r iJLj services tn tne collection of cnilo. support fts ft cono.ition tor contract"
Section 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Poston of the 2nd moves to amend the Committee substitute to HB 139 as follows:
Page 4, after line 21, add the following subsection: "(13) Considerations of the economic cost of living factors of the obligors community, as determined by the trier of fact."
Representative Lucas of the 102nd moves to amend the Committee substitute to HB 139 as follows:
By striking on page 3 line 7 thru 12 and renumbering.
The following amendment was read and ruled out of order:
Representative Griffin of the 6th moves to amend the Committee substitute to HB 139 as follows:
On page 3 line 7 insert between the words "elected" and "to" the words "for the purpose of lowering his child support payment".
1008
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Representative Davis of the 72nd moves to amend the Committee substitute to HB 139 as follows:
To amend line 15 page 2 after the period adding the sentence:
"Furthermore nothing contained within this bill shall prevent the parties from entering into an enforceable agreement to the contrary, which shall be made the order of the court."
The following amendment was read and ruled out order:
Representative Chambless of the 133rd moves to amend the Committee substitute to HB 139 as follows:
Striking on page 3 lines 7 through 12 in their entirety and renumbering paragraph (6) beginning on page 3 line 13 as paragraph (5) and by deleting "(6)" on page 3 line 28 and substituting in lieu thereof:
"(5)".
The following amendment was read and lost:
Representative Childers of the 15th et al. move to amend the Committee substitute to HB 139 as follows:
By adding a new Section "8" page 21 to read all monies collected for the support of the child shall be spent for the care of said child by the spouse receiving any monies provided for in this Act.
By renumbering Section "8" page 21 as Section "9".
The following amendment was read:
Representatives Chambless of the 133rd and Groover of the 99th move to amend the Committee substitute to HB 139 as follows:
By striking on page 3 line 13 the word "The" and inserting in lieu thereof the following:
"With respect to gross income not greater than thirty thousand dollars, the"
and by adding on page 3 between lines 25 and 26 the following:
"with respect to gross income greater than thirty thousand dollars, the trier of fact may make such adjustments as justice may require."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Aaron N Abernathy
Y Adams Y Aiken
Y Alford Y Alien
Y Athon
N Atkins Y Bailey
Baker Y Balkcom Y Bannister
N Barfoot Y Bargeron Y Harriett, B Y Barnett,M
Beck Y Benefield
Benn
N Birdsong Bishop
Y Bostick Y Branch Y Breedlove N Brooks Y Brown YBuck
N Buford
YByrd Y Carrell Y Carter Y Chambless N Chance Y Cheeks N Childers N Clark,B
Y Clark.H N Clark,L
Y Colbert Coleman
Y Colwell Connell
N Couch Cox
N Crawford
WEDNESDAY, FEBRUARY 15, 1989
1009
Crosby N Cummings.B N Cummings.M Y Davis.C N Davis.G Y Davis,M Y Dixon.H
Dixon.S Y Dobbs N Dover Y Dunn Y Edwards
N Ehrhart
N Felton
Y Fennel
Floyd Y Foster N Godbee N Goodwin N Green Y Greene N Gresham
Y Griffin
Y Groover N Hamilton Y Hanner Y Harris
Y Hasty Y Heard N Herbert Y Holcomb Y Holland N Holmes N Hooks Y Howren N Hudson
N Irwin N Isakson Y Jackson,J
Jackson.W N Jamieson Y Jenkins N Johnson Y Jones Y Kilgore
Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee N Linder YLong
YLord Y Lucas
N Lupton
Y Mangum N Martin Y McCoy Y McDonald N McKelvey N McKinney.B
N McKinney.C Y Meadows
Milam Y Mobley N Moody
N Moore
Y Morton Y Moultrie N Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett Y Pannell
N Parham Y Parrish
Y Patten
Y Pettit Y Pinkston YPoag N Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves
Y Redding N Richardson N Ricketson Y Robinson
Y Royal Selman
Y Simpson N Sinkfield Y Smith,L Y Smith,?
N Smith.T N Smith.W N Smyre YSnow N Stancil.F Y Stancil.S
On the adoption of the amendment, the ayes were 100, nays 62. The amendment was adopted.
Stanley Y Steele Y Stephens N Teper Y Thomas.C
N Thomas.M
N Thompson
N Thurmond Y Titus N Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle N Walker.C Y Walker.L
N Wall Y Ware Y Watson Y Watts N White Y Wilder N Williams.B
Williams ,J Yates Y Yeargin Murphy.Spkr
The following amendment was read and adopted:
Representative Thomas of the 69th moves to amend the Committee substitute to HB 139 as follows:
On Page 6, line 26 strike the word "or".
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom N Bannister Y Barfoot Y Bargeron Y Barnett.B N Barnett.M
Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell N Carter Y Chambless
Y Chance Y Cheeks Y Childers N Clark.B N Clark.H Y Clark,L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford
Crosby
Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards N Ehrhart Y Felton Y Fennel
Floyd N Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham N Griffin Y Groover
Y Hamilton Y Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin Y Isakson
Y Jackson.J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D
N Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton
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JOURNAL OF THE HOUSE,
Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Y Pinkston
Y Poag
Y Porter Y Poston N Powell Y Rainey
Y Randall Y Ransom Y Ray Y Reaves
Y Redding Y Richardson Y Ricketson
Y Robinson
Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith.L
Y Smith,? Y Smith.T Y Smith.W Y Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley
Y Steele
Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Thurmond
Y Titus Y Tolbert
Y Townsend Twiggs
N Vaughan
Y Waddle
Walker.C
Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
WilliamsJ Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
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 provide for special license plates for commemorating colleges or universities; to provide that applications for such special license plates shall be made to the commissioner.
The following Senate substitute 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 provide for special license plates for commemorating colleges or universities; to provide that applications for such special license plates shall be made to the commissioner; to require a minimum number of applications for each institution as a condition for issuance of special license plates for such institution; to provide for fees and procedures; to provide for renewal and transfer of such plates; to provide for effective dates; 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 striking Code Section 40-2-29.21, which reads as follows:
"40-2-29.21. Notwithstanding any other provision of this article to the contrary, in the event that the renewal or revalidation of any special license plate issued to commemorate any college, university, or institution and issued pursuant to any provision of this article is authorized for any time period on or after December 31, 1989, then all special plates issued to commemorate any college, university, or institution and issued pursuant to this article shall also be eligible for such renewal or revalidation upon request of the college, university, or institution commemorated by such special license plate.", in its entirety and inserting in lieu thereof a new Code Section 40-2-29.21 to read as follows:
"40-2-29.21. (a) The state revenue commissioner shall design a special license plate to be issued commemorating a college or university, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the
WEDNESDAY, FEBRUARY 15, 1989
1011
logo or emblem of the college or university shall be placed immediately to the left of the letters and numbers on the license plate. The name of the college or university shall be imprinted on such special license plate in lieu of the county name decal.
(b) Any resident motor vehicle owner desiring a special license plate commemorating a college or university shall submit to the commissioner a completed application form for such institution with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to the restriction in subsection (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate.
(c) The commissioner shall retain all applications received for each such college or university until a minimum of 500 applications have been received. After receipt of 500 applications for a commemorative license plate for a particular college or university, the commissioner will then design a license plate for such college or university. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such institution and all fees shall be refunded to applicants.
(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-76."
Section 2. Said chapter is further amended by repealing Code Sections 40-2-29.1 through 40-2-29.20, relating to special license plates to commemorate certain colleges, universities, and other educational institutions, in their entirety.
Section 3. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective on December 31, 1989.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Jackson of the 9th and Colbert of the 23rd move to amend the Senate substitute to HB 301 by inserting on line 10 of page 1 after the word and symbol "plates;" the following:
"to provide for issuance of special plates for firefighters; to provide for fees; to require a minimum number of applications for such plates;".
By inserting between lines 11 and 12 of page 3 the following:
"Section 3. Said chapter is further amended by striking Code Section 40-2-75.1, relating to special license plates for firefighters, in its entirety and inserting in its place a new Code Section 40-2-75.1 to read as follows:
'40-2-75.1. (a) Motor Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 shall be eligible te receive and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters' license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required
1012
JOURNAL OF THE HOUSE,
minimum 500 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plate shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner each year prior to the date that license plates are issued a list of the certified firefighters of their fire departments who reside in Georgia.
(b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a certified firefighter, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said certified firefighter acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-76.
(2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from his department, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department 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 promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The manufacturing fee for such a special and distinctive license plate shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable.
(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Special license plates
after December 3-b 1089. It shall net be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.
(e) The provisions of this Code section shall also apply to certified firefighters of volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25.'"
WEDNESDAY, FEBRUARY 15, 1989
1013
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively. By striking from line 12 of page 3 the following: "Section 1", and inserting in lieu thereof the following: "Sections 1 and 3".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefleld YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings,B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster YGodbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Postal Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend Twiggs
Y Vaughan Y Waddle Y Walker.C
Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Y Williams.B Williams,J
Y Yates
Y Yeargin Murphy,Spkr
On the adoption of the amendment the ayes were 162, nays 0. The amendment was adopted.
Representative Jackson of the 9th moved that the House agree to the Senate substitute to HB 301, as amended.
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Y Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Beck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L
Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon,S
Dobbs Y Dover
1014
JOURNAL OF THE HOUSE,
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford 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.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver,C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter
On the motion, the ayes were 162, nays 0. The motion prevailed.
Y Poston Y Powell Y Rainey
Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Steele
Y Stephens Y Teper
Thomas.C Y Thomas,M Y Thompson Y Thurroond Y Titus Y Tolbert
Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 31. By Senators Stumbaugh of the 55th, Taylor of the 12th and Olmstead of the 26th:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of valid complaints against insurance companies which are received by the department; to provide for publication; to provide for availability of such information to other media.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of requests for assistance against insurers which are received by the department; to provide for publication; to provide for availability of such information to other media; to provide for the contents of such list; to provide for powers, duties, and authority of the Commissioner with respect to the foregoing; to provide for public dissemination of certain other information; to provide for conditions of effectiveness; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, is amended by adding at the end thereof a new Code section, to be designated Code Section 33-2-33, to read as follows:
WEDNESDAY, FEBRUARY 15, 1989
1015
"33-2-33. (a) It shall be the duty of the Commissioner to compile and release annually for public dissemination a list of all written requests for assistance by citizens against insurers licensed in this state which are received by the department. Such list shall be released to the legal organ of each county and shall be a public document.
(b) The list provided for in subsection (a) of this Code section shall include separate itemization of each insurer against which a request for assistance was received and of the type, category, or line of insurance involved. In addition, such list shall also include a ratio of the number of requests received against an insurer to the number of policies written or in force by such insurer or such insurer's market share or premium volume.
(c) The Commissioner shall be authorized to make available for public dissemination any related or additional information which the Commissioner determines to be in the public interest."
Section 2. This Act, shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly.
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 Abernathy
Y Adams Y Aiken Y Alford Y Alien N Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister N Barfoot
Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
NBuck 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 N Colwell
Connell Y Couch
Cox
Crawford Y Crosby N Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover Y Dunn
Edwards Y Ehrhart
Felton Y Fennel
Floyd Foster
God bee Y Goodwin Y Green Y Greene Y Gresham
Griffin
Groover Y Hamilton
Hanner Y Harris
Y Hasty N Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford 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.B
Y McKinney.C Y Meadows
Milam Y Mobley
Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Y Oliver.C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish N Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom Y Ray Y Reaves
Redding Y Richardson Y Ricketson N Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.P Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan N Waddle Y Walker.C N Walker.L Y Wall
Y Ware Watson
Y Watts White
Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 142, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
1016
JOURNAL OF THE HOUSE,
HB 102. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 12-8-28.1 of the Official Code of Georgia Annotated, relating to limitations on the location of solid waste disposal sites within a certain distance of adjoining counties, so as to change the provisions relating to such distance.
The following Committee substitute was read:
A BILL
To amend Code Section 12-8-28.1 of the Official Code of Georgia Annotated, relating to limitations on the issuance of permits for solid waste disposal sites within certain counties, so as to provide that until after a certain date no permit shall be issued for a private 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 the site is within two miles of an adjoining county without the approval of the governing authority of the adjoining county; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-8-28.1 of the Official Code of Georgia Annotated, relating to limitations on the issuance of permits for solid waste disposal sites within certain counties, is amended by adding immediately following paragraph (1) of subsection (a) a new paragraph (1.1) to read as follows:
"(1.1) Except as otherwise provided in subsection (b) of this Code section, until after April 1, 1990, no permit shall be issued to a private applicant for a solid waste disposal site in any county of this state 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 the disposal site is within two miles of an adjoining county without the applicant's first receiving express approval of the governing authority of the adjoining county. As used in this paragraph, the term 'private applicant' means any private person, firm, corporation, or other private entity, and the term does not mean or include the United States government or any agency thereof, the State of Georgia or any agency, institution, or public authority thereof, or any county or municipality of this state."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Lupton of the 25th and Alford of the 57th move to amend the Natural Resources and Environment Committee substitute to HB 102 as follows:
By striking in line 11 on page 1 the following:
"a definition"
and inserting in lieu thereof the following:
"definitions and exceptions".
By striking the quotation mark appearing at the end of line 9 on page 2 and by adding a new sentence to read as follows:
"As used in this paragraph, the term 'solid waste disposal site' shall not mean or include any solid waste disposal facility which incorporates waste to energy processing
WEDNESDAY, FEBRUARY 15, 1989
1017
or recycling or activities associated with the recycling process or any combination of the foregoing."
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 Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Beck Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck
Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings,B
Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster
Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover
Y Hamilton Manner
Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B
McKinney,C Y Meadows
Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
Poag Porter Y Poston Y Powell Y Rainey Randall
Y Ransom YRay N Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Smyre YSnow
Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L YWall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Reaves of the 147th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 104. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the production of such material.
The following amendment was read and adopted:
1018
JOURNAL OF THE HOUSE,
The House Committee on Judiciary moves to amend SB 104 by adding on line 17 of page 1, after the word "with" and preceding the word "any", the following:
"a person or firm including".
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
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
Cox Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd
Foster God bee Y Goodwin Y Green Y Greene Y Gresham Griffin Y Groover Y Hamilton Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody N Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell Y Rainey
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens
Teper Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Williams,J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 399. By Representatives Bannister of the 62nd, Barnett of the 59th, Wall of the 61st, Barnett of the 10th and Athon of the 57th:
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 that the term "proper identification" shall not include any traffic citation and complaint form.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
WEDNESDAY, FEBRUARY 15, 1989
1019
Y Barnett.M Beck
Y Benefield Y Benn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove 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 Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cummings.B
Cummings,M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Foster
Godbee Y Goodwin Y Green Y Greene
Y Gresham Griffin Groover
Y Hamilton Hanner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton
Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P
Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 123. By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the provisions regarding notices of foreclosure of the right to redeem; to change the provisions regarding ripening of tax deed titles by prescription.
The following Committee substitute was read and adopted:
A BILL
To amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change the provisions regarding notices of foreclosure of the right to redeem; to change the provisions regarding ripening of tax deed titles by prescription; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, is amended by striking Code Section 48-4-45, relating to notice of foreclosure of right to redeem, and inserting in its place a new Code section to read as follows:
"48-4-45. (a) After 12 months from the date of a tax sale, the purchaser at the sale or his heirs, successors, or assigns may terminate, foreclose, divest, and forever bar the right to redeem the property from the sale by causing a notice or notices of the foreclosure to be served , as provided for in this article upon:
1020
JOURNAL OF THE HOUSE,
(1) To be served upon all of the following persons who reside m the county in which the property is located:
41} (A) The defendant in the execution under or by virtue of which the sale was held;
42} (B) The occupant, if any, of the property; and 43} (C) All persons having of record in the county in which the land is located any right, title, or interest in, or lien upon the propertyT ; (2) To be sent by registered or certified mail to each of the persons specified in subparagraphs (A), (B), and (C) of paragraph (1) of this subsection who resides outside the county in which the property is located, if the address of that person is reasonably ascertainable; and (3) To be published, if that tax sale occurs on or after July 1, 1989, in the newspaper in which the sheriff's advertisements for the county are published in each county in which that property is located, which publication shall occur once a week for four consecutive weeks in the six-month period immediately prior to the week of the redemption deadline date specified in the notice. (b) Nothing contained in this Code section shall be construed to require that any notice be given to sent to or served upon any person whose right, title, interest in, or lien upon the property does not appear of record in the county in which the land is located. (c) The heirs of any deceased owner of any land entitled to notice pursuant to this Code section shall be served by the sheriff or notified as provided in this article."
Section 2. Said article is further amended by striking subsection (c) of Code Section 48-4-46, relating to form of notice of foreclosure of right to redeem, and inserting in its place a new subsection to read as follows:
"(c) If the sheriff personally or by deputy makes an entry that he is unable for any reason to effect service upon any person required to be served, the person who requested that the service be made shall forthwith cause a copy of the notice to be published once a week for two consecutive weeks in the newspaper in which the sheriffs advertisements for the county are published , unless that notice is being published as provided in paragraph (2) of subsection (a) of Code Section 48-4-45. T-he Either publication shall operate as and for all purposes shall be treated as service upon all persons as to whom the sheriff has made an entry that he has been unable to effect service."
Section 3. Said article is further amended by striking Code Section 48-4-48, which reads as follows:
"48-4-48. Nothing contained in this chapter shall prevent a title under a tax deed from ripening by prescription after a period of seven years from the date of the execution of the tax deed. Any tax deed properly executed at a valid and legal sale held by the state or any subdivision of the state including, but not limited to, counties and municipalities, when the defendant in fi. fa. is sui juris, shall convey after the expiration of seven years from the date of the tax deed a fee simple title; and title to the property described in the tax deed shall vest absolutely in the grantee in the deed or in his heirs or assigns. In the event the defendant in fi. fa. is laboring under any legal disability, the prescriptive term of seven years shall begin from the time the disabilities are removed or abated.", and inserting in its place a new Code section to read as follows:
"48-4-48. (a) A title under a tax deed properly executed at a valid and legal sale prior to July 1, 1989, shall ripen by prescription after a period of seven years from the date of execution of that deed.
(b) A title under a tax deed executed on or after July 1, 1989, shall ripen by prescription after a period of four years from the date of execution of that deed.
(c) A tax deed which has ripened by prescription pursuant to any provision of this Code section shall convey, when the defendant in fi. fa. is not laboring under any legal
disability, a fee simple title to the property described in that deed, and that title shall vest absolutely in the grantee in the deed or in the grantee's heirs or assigns. In the event the defendant in fi. fa. is laboring under any legal disability, the prescriptive term
WEDNESDAY, FEBRUARY 15, 1989
1021
specified in this Code section shall begin from the time the disabilities are removed or abated.
(d) Notice of foreclosure of the right to redeem property sold at a tax sale shall not be required to have been provided in order for the title to such property to have ripened under subsection (a) or (b) of this Code section."
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 111, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 199. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that the period of incarceration for violating the provisions of Code Section 33-34-12 shall be increased.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 622. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide requirements relative to certain contributions paid to the Teachers Retirement System of Georgia.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide requirements relative to certain contributions paid to the Teachers Retirement System of Georgia; to provide for certain refunds to a county school system; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, is amended by striking subsection (d) in its entirety and substituting in lieu thereof new subsections (d) and (d.l) to read as follows:
"(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
1022
JOURNAL OF THE HOUSE,
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. 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.
(d.l) 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. T-he benefits payable under this sub-
retirement tund aii amounts wnicn sucn tcacncr would nave paid to sucn tund, nad fte
Section 2. Said Code section is further amended by inserting between subsections (e) and (f) a new subsection (e.l) to read as follows:
"(e.l) (1) Any excess employee contributions paid to the Teachers Retirement System of Georgia pursuant to the provisions of subsection (d.l) of this Code section shall be paid into the pension accumulation fund and shall not constitute 'accumulated contributions' within the meaning of paragraph (1) of Code Section 47-3-1 or for the purposes of Code Section 47-3-128.
(2) From the funds paid to the board of trustees pursuant to the provisions of subsection (e) of this Code section, that portion thereof representing employee contributions paid to the local retirement fund by the transferred teacher shall be paid into the annuity savings fund and shall constitute 'accumulated contributions' within the meaning of paragraph (1) of Code Section 47-3-1 and for the purposes of Code Section 47-3-128; and the remaining portion shall be paid into the pension accumulation fund and shall have the same status as excess employee contributions described in paragraph (1) of this subsection.
(3) The board of trustees shall keep appropriate records to identify the funds paid into the pension accumulation fund pursuant to paragraphs (1) and (2) of this subsection. In the event a transferred teacher ceases to be a member of the Teachers Retirement System of Georgia and withdraws accumulated contributions pursuant to the provisions of Code Section 47-3-128, the board of trustees shall refund to the county school system an amount equal to the funds paid into the pension accumulation fund pursuant to paragraphs (1) and (2) of this subsection plus regular interest on that amount."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
WEDNESDAY, FEBRUARY 15, 1989
1023
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
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
Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B
Cummings,M
Y Davis.C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd
Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milani Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Y Smith.T Y Smith, W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Lee of the 72nd 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.
1024
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, February 16, 1989
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 Abernathy
Aiken
Alford
Athon
Atkins
Bailey
Baker Balkcom Bannister Barfoot Bargeron Barnett.B Barnett.M
Benefield Benn Bishop Bostick Branch Breedlove Brooks Buck
Buford
Byrd
Carrell Carter Chambless Chance
Cheeks Clark.H Clark.L Colbert Connell Couch Crawford Cummings.B
Cummings.M Davis.C Davis.G Davis.M Dixon,S Dobbs
Dover Edwards
Ehrhart Fennel Floyd Foster Godbee
Good win
Green Greene
Gresham Griffin Groover Hanner
Harris Hasty Heard Herbert Holcomb Holland Holmes Hooks
Howren Hudson Irwin Jackson,J Jenkins Johnson Jones Kilgore Kingston Lane.D Lane.R Langford Lawrence Lawson Lee
Linder
Long
Lord
Mangum McCoy
McDonald McKelvey
McKinney,C Meadows Mobley Moody Morton Moultrie Mueller Oliver.C Oliver.M Orr Orrock Padgett Pannell
Parham
Parrish
Patten
Poag
Poston
Powell
Randall
Ransom
Ray Reaves
Ricketson
Robinson
Royal Selman Sinkfield Smith.L Smith.P Smith.T Smith.W Stancil,S Steele Stephens Teper Thomas.M Thompson Titus Tolbert
Twiggs
Waddle
Walker.C
Walker,L
Wall
Watson
Watts
White
Wilder
Williams.B
Yates
Yeargin
Prayer was offered by the Reverend William A. Landers, Pastor, Enon Baptist Church, Rome, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
THURSDAY, FEBRUARY 16, 1989
1025
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:
HB 825. By Representative Holland of the 136th:
A bill to amend an Act incorporating the Town of Sumner, so as to provide for municipal elections.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 826. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act to provide for the election of members of the board of education of Turner County, so as to provide a method for filling a vacancy on the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 827. By Representatives Holland of the 136th and Hudson of the 117th: A bill to provide a board of elections for Turner County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 828. By Representatives Ray of the 98th and Jenkins of the 80th:
A bill to provide for the collection of an additional fee for the benefit of the Crawford County Law Library on each case filed in the Magistrate Court of Crawford County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 829. By Representative Ray of the 98th:
A bill to provide for the collection of an additional fee for the benefit of the Peach County Law Library on each case filed in the Magistrate Court of Peach County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 830. By Representative Porter of the 119th:
A bill to amend an Act providing and establishing the charter of the Town of East Dublin, so as to provide that the mayor shall not have the authority and power to pardon, suspend, or commute the sentence of any person for a violation of any ordinance of said town.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 831. By Representatives Hamilton of the 124th, Kingston of the 125th, Pannell of the 122nd, Dixon of the 128th, Mueller of the 126th and others:
A bill to amend an Act providing for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, all municipalities within Chatham County which levy ad valorem property taxes, and the independent school system of Chatham County and the City of Savannah, so as to provide for additional definitions.
Referred to the Committee on State Planning & Community Affairs - Local.
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HB 832. By Representative Holland of the 136th:
A bill to amend an Act to create and establish a new charter for the City of Poulan, so as to provide for municipal elections.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 833. By Representative Watson of the 114th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, so as to change certain provisions relating to prerequisites to blasting or excavating.
Referred to the Committee on Industry.
HB 834. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act changing the compensation of the coroner of Whitfield County, so as to change the provisions relating to the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 835. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for staggered terms for the board of commissioners; to change the compensation of the clerk of the county commission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 839. By Representatives Lee of the 72nd and Walker of the 115th:
A bill to amend Code Section 9-13-143 of the Official Code of Georgia Annotated, relating to rates for legal advertisements, so as to change the rates for legal advertisements.
Referred to the Committee on Judiciary.
HB 840. By Representatives Clark of the 20th, Ehrhart of the 20th, Howren of the 20th and Gresham of the 21st:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to change the provisions regarding the appointment and election of members of the Authority and provide for qualifications and vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 84L By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
THURSDAY, FEBRUARY 16, 1989
1027
HB 842. By Representative Parham of the 105th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for the disclosure of AIDS confidential information in certain proceedings and procedures regarding mentally ill, mentally retarded, alcoholic, or drug dependent persons and in certain guardianship proceedings and procedures and provide for conditions and procedures relating thereto.
Referred to the Committee on Judiciary.
HB 843. By Representative Pettit of the 19th:
A bill to amend Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Allocation System" for allocation of the use of private activity bonds as permitted by federal law, so as to extensively revise provisions relating to the allocation system; to add a definition of "qualified housing project".
Referred to the Committee on Industry.
HB 844. By Representative Crawford of the 5th:
A bill to amend Code Section 35-8-20.1 of the Official Code of Georgia Annotated, relating to chief executive training and newly appointed chiefs of police and heads of law enforcement units, so as to exempt certain newly appointed chiefs of police and heads of law enforcement units from the chief executive training requirements.
Referred to the Committee on Public Safety.
HB 845. By Representative McKinney of the 35th:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the annexation of areas furnished services or included in the comprehensive zoning plans of certain counties, so as to change the provisions specifying the applicability of Code Section 36-36-70.
Referred to the Committee on State Planning & Community Affairs.
HB 846. By Representative Pannell of the 122nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to provide for additional authority of such boards with respect to certain taxpayer appeals.
Referred to the Committee on Ways & Means.
HB 847. By Representative Thompson of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to change the salary of the mayor pro tern; to change certain provisions relating to the appointment and removal of certain employees of the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.
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HB 848. By Representative Thompson of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to provide for the levy of an ad valorem tax of not more than 20 mills for the purpose of supporting and maintaining public schools.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 849. By Representative Thompson of the 20th:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to eliminate the requirement that members of the board of education be freeholders; to provide that a vacancy on the board of education shall be filled by the city council.
Referred to the Committee on Education.
HB 850. By Representatives McDonald of the 12th, Oliver of the 121st, Cummings of the 17th, Murphy of the 18th, Watts of the 41st and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation costs under the "Quality Basic Education Act," so as to change the provisions relating to the minimum salary for school bus drivers.
Referred to the Committee on Appropriations.
HB 851. By Representative Parrish of the 109th:
A bill to amend an Act incorporating the City of Swainsboro, so as to change the day of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 852. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act providing a new charter for the City of Hinesville, so as to change the method of filling vacancies in the office of mayor or city council.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 294. By Representatives Pannell of the 122nd, Robinson of the 96th, Thurmond of the 67th, Snow of the 1st, Bishop of the 94th and others:
A resolution creating the Georgia Tax Reform Commission of 1990.
Referred to the Committee on Ways & Means.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 853. By Representatives Yeargin of the 14th, Clark of the 13th, Thurmond of the 67th, Green of the 106th, Irwin of the 13th and others:
A bill to create the Northeast Georgia Surface and Air Transportation Commission.
Referred to the Committee on State Planning & Community Affairs.
THURSDAY, FEBRUARY 16, 1989
1029
HB 854. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the coroner of Walker County on an annual salary, so as to change the provisions relating to the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 863. By Representatives Mangum of the 57th, Athon of the 57th, Dobbs of the 74th, Bargeron of the 108th, Moore of the 139th and others:
A bill to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education and the Department of Education, so as to provide that professional certificated personnel retiring from local school systems shall be ineligible to be employed by the department for a certain period of time.
Referred to the Committee on Education.
HB 864. By Representative Chambless of the 133rd:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, the Board of Human Resources, and the commissioner of human resources, so as to require service of notice of the pendancy of certain actions against the Department of Human Resources, the Board of Human Resources, the commissioner of human resources, or any employee or agent thereof.
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 806 HB 807 HB 808 HB 809 HB 811 HB 812 HB 813 HB 814 HB 815 HB 816 HB 817 HB 818 HB 819 HB 820 HB 821 HB 822 HB 823 HB 824 HB 836 HB 837
HB 838 HR 279 HR 280 SB 75 SB 204 SB 233 SB 235 SB 245 SB 277 SB 287 SB 290 SB 298 SR 23 SR 52 SR 62 SR 63 SR 67 SR 68 SR 92 SR 99
Representative McDonald of the 12th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
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JOURNAL OF THE HOUSE,
Your Committee on Appropriations has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 214 Do Pass HR 90 Do Pass, as Amended HR 218 Do Pass
Respectfully submitted, /s/ McDonald of the 12th
Chairman
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 House and has instructed me to report the same back to the House with the following recommendations:
HB 166 Do Pass, by Substitute HB 375 Do Pass, by Substitute HB 677 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman
Representative Holmes of the 28th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 724 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 597 Do Pass, by Substitute HB 661 Do Pass, by Substitute HB 702 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman
THURSDAY, FEBRUARY 16, 1989
1031
Representative Watson of the 114th District. Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 193 Do Pass, by Substitute HB 600 Do Pass, by Substitute HB 620 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 203 Do Pass, by Substitute HB 314 Do Pass, by Substitute HB 437 Do Pass, by Substitute HB 566 Do Pass, by Substitute HB 674 Do Pass, by Substitute SB 234 Do Pass, by Substitute HB 510 Do Pass
HB 511 Do Pass HB 606 Do Pass HB 608 Do Pass HB 613 Do Pass HB 768 Do Pass SB 50 Do Pass
Respectfully submitted, /s/ Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 114 Do Pass, by Substitute HB 432 Do Pass, by Substitute
SB 145 Do Pass, by Substitute SB 180 Do Pass, as Amended
Respectfully submitted, /*/ Thomas of the 69th
Chairman
Representative Lucas of the 102r>d District. Vice-Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
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JOURNAL OF THE HOUSE,
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 750 Do Pass HB 706 Do Pass
Respectfully submitted, /s/ Lucas of the 102nd
Vice-Chairman
Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 475 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 17th
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 80 Do Pass, by Substitute HB 509 Do Pass HB 112 Do Pass, by Substitute
Respectfully submitted, 1st Randall of the 101st
Chairman
Representative Lane of the 27th 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 573 Do Pass HB 780 Do Pass HB 782 Do Pass HB 783 Do Pass HB 786 Do Pass, by Substitute HB 802 Do Pass
HB 803 Do Pass HB 805 Do Pass HB 781 Do Pass SB 254 Do Pass SB 266 Do Pass
THURSDAY, FEBRUARY 16, 1989
1033
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 275 Do Pass
Respectfully submitted, /s/ Buck of the 95th
Chairman
Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 194 Do Pass HB 223 Do Pass, by Substitute HB 247 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 16, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:
HB 428 HB 486 HB 535 HB 556 HB 568 HB 587 HB 601 HB 612
Technical and Adult Education: State Board: Staggered Terms Income Tax: Subchapter "S" Corporation Income: Adjustments Fire Sprinklers: Regulations Child Support: Dependent Child: Definition Governor's Employment and Training Council: Provide State Library and Librarian: Powers and Duties Handicapped Identification Card: Issuance St. Marys Pilotage Commissioners: Agreement With Florida
SB 51 Housing: Residential Care For Elderly: Mentally Disabled SB 83 Environmental Facilities Auth.: Assist in Disposing of Solid Waste
SB 85 Indemnification: Remove Provisions of Law Relating to Subrogation SB 103 Witness Fees: Law Enforcement Personnel
1034
JOURNAL OF THE HOUSE,
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 573. By Representative Martin of the 26th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to change certain provisions relating to the effective date of certain zones; to provide for corresponding changes with respect to certain tax exemptions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 780. By Representatives Aiken of the 21st, Clark of the 20th, Howren of the 20th, Ehrhart of the 20th, Atkins of the 21st and others:
A bill to create the Downtown Smyrna Development Authority; to provide for the appointment of the members of the authority and their terms of office.
The report of the Committee, whicn was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 781. By Representative Edwards of the 112th:
A bill to amend an Act to change the number of members of the board of education of Taylor County, so as to provide for compensation for members of the board of education.
The report of the Committee, which was favorable to the passage 01 the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 782. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the expense allowance of the chairman and members of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 16, 1989
1035
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 783. By Representative Oliver of the 121st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Tattnall County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 786. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Doerun, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing a new charter for the City of Doerun, approved April 28, 1975 (Ga. L. 1975, p. 4690), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the City of Doerun, approved April 28, 1975 (Ga. L. 1975, p. 4690), as amended, is amended by striking Section 5.10 and inserting in its place a new Section 5.10 to read as follows:
"Section 5.10. Regular Elections. The terms of office of the two councilmen from posts one and two and the mayor in office on January 1, 1990, whose terms normally expire at the first organizational meeting in January, 1991, shall remain in office only until December 31, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1990, and biennially thereafter, two councilmen from posts one and two and the mayor shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified. The terms of office of the three councilmen from posts three, four, and five in office on January 1, 1989, whose terms normally expire at the first organizational meeting in January, 1990, shall remain in office only until December 31, 1989, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November of 1989, and biennially thereafter, three councilmen from posts three, four, and five shall be elected and shall serve for terms of office of two years and until their successors are elected and qualified. Any person to be elected to office must receive a majority of the votes. In the event no candidate receives the highest number of votes, the two candidates receiving the highest number of votes will be in a runoff 14 days after the regular election. In all elections, candidates must qualify for posts which they wish to occupy. The term of office of the mayor and each member of the council shall begin on the first day of January immediately following their election."
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JOURNAL OF THE HOUSE,
Section 2. This Act is enacted pursuant to the authority provided for in subsection (c) of Code Section 21-3-64 of the O.C.G.A.
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 802. By Representatives Isakson of the 21st, Gresham of the 21st, Aiken of the 21st, Ehrhart of the 20th, Vaughan of the 20th and others:
A bill to amend an Act creating a board of commissioners for Cobb County, Georgia, so as to change the compensation provisions relating to the members of the board of commissioners and the chairman of said board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 803. By Representatives Isakson of the 21st, Ehrhart of the 20th, Aiken of the 21st, Gresham of the 21st, Vaughan of the 20th and others:
A bill to amend an Act creating the board of commissioners for Cobb County, so as to amend provisions relating to county purchases.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 805. By Representative Rainey of the 135th: A bill to create the Unadilla Arena and Tourism Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 254. By Senator Edge of the 28th:
A bill to create and establish the Griffin-Spalding County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter commission and for the election of a chairman; to provide for the powers and duties of said commission.
THURSDAY, FEBRUARY 16, 1989
1037
The report of the Committee, which was favorable to the passage of the Bill, was 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 266. By Senator Deal of the 49th:
A bill to amend an Act creating the State Court of Hall County, as amended, so as to change the compensation provisions relating to the judge and the solicitor of said 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.
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 315. By Senators Newbill of the 56th, Ragan of the 32nd and Clay of the 37th:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to provide for a solicitor for the State Court of Cobb County; to provide for the election, terms, compensation, and duties of said solicitor; to provide for assistant solicitors.
HB 376. By Representatives Dixon of the 128th, Hamilton of the 124th, Johnson of the 123rd, Alien of the 127th, Pannell of the 122nd and others:
A bill to amend an Act incorporating the City of Port Wentworth, so as to change the corporate limits of said city.
HB 530. By Representative Moultrie of the 93rd:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Shiloh for certain individuals.
HB 549. By Representatives Oliver of the 53rd, Baker of the 51st, Lawrence of the 49th, Richardson of the 52nd, Teper of the 46th and others:
A bill to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, so as to change certain fees.
HB 578. By Representative Ware of the 77th:
A bill to amend an Act to create the office of commissioner of Heard County, so as to change the compensation of the commissioner.
1038
JOURNAL OF THE HOUSE,
HB 642. By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd, Randall of the 101st, Ray of the 98th and others:
A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the Superior Courts of the Macon Judicial Circuit, so as to change the provisions relating to the supplement to be paid out of the treasury of Bibb County to each judge of the superior courts of said circuit.
SB 41. 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; 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.
SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.
SB 268. By Senators Howard of the 42nd, Starr of the 44th, Barnes of the 33rd and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for conditions, procedures, and requirements relating thereto.
SB 274. By Senators Harris of the 27th, McKenzie of the 14th and Ragan of the 10th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to change the dollar amount for which counties may negotiate certain contracts; to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local government provisions applicable to public works contracts of counties only, so as to provide that county contracts shall be let to the lowest responsible bidder.
HB 56. By Representatives Rainey of the 135th, Walker of the 115th, Groover of the 99th, Barfoot of the 120th and Titus of the 143rd:
A bill to amend Code Section 27-1-6 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to permit the placing of the proceeds from the mandatory purchase of official Georgia waterfowl stamps in the Waterfowl Stamp Fund; to amend Code Section 27-2-6 of the Official Code of Georgia Annotated, relating to trout stamps and big game licenses, so as to make it unlawful, subject to certain exceptions, to hunt ducks, geese, and swans without an official Georgia waterfowl stamp.
THURSDAY, FEBRUARY 16, 1989
1039
HB 99. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
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 clarify when a notice of cancellation shall be sent to the Department of Public Safety; to provide for certain information to be included on notices of cancellation sent to the department.
HB 119. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to service retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to the determination of average compensation.
HB 121 By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to repeal an Act entitled "To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service".
HB 125. By Representatives Twiggs of the 4th, Foster of the 6th, Griffin of the 6th and Langford of the 7th:
A bill to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council and the appointment of the executive director, so as to prescribe certain training requirements for the executive director and investigators appointed by the executive director; to provide certain powers of the executive director and investigators.
HB 146. By Representatives Colwell of the 4th, Twiggs of the 4th, Foster of the 6th, Steele of the 97th, Athon of the 57th and others:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of the licenses of habitually negligent, incompetent, or dangerous drivers, so as to revise the points assessed for certain offenses,
HB 183. By Representatives Ware of the 77th, Griffin of the 6th, Dunn of the 73rd, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to provide that certain direct response advertising shall constitute an unfair trade practice.
HB 208. By Representatives Barnett of the 10th, Jackson of the 9th, Harris of the 84th, Lane of the 27th, Crosby of the 150th and Dixon of the 151st:
A bill to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to affixing of materials which reduce light transmission through motor vehicle windows, so as to prohibit affixing such material to certain windows and the rear windshield of motor vehicles resulting in a reduction of light transmission to less than 32 percent or resulting in light reflectance of more than 20 percent.
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JOURNAL OF THE HOUSE,
HB 217. By Representative Buford of the 103rd:
A bill to amend Code Section 25-3-2 of the Official Code of Georgia Annotated, relating to powers of fire departments in event of emergencies generally, so as to expand the emergency powers of fire departments.
HB 280. By Representative Thompson of the 20th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to authorize persons who operate motorcycles to wear headsets or headphones.
HB 291. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-20-6 of the Official Code of Georgia Annotated, relating to the composition of classified and unclassified service in the state merit system, so as to provide for management review of employees serving in a working test period of employment; to provide that such management review shall not be interpreted as granting any additional rights to a working test employee.
HB 292. By Representatives Bishop of the 94th, Thurmond of the 67th, Randall of the 101st, Abernathy of the 39th and Benn of the 38th:
A bill to amend Code Section 45-19-36 of the Official Code of Georgia Annotated, relating to procedures relative to the filing of a complaint with the administrator of the Office of Fair Employment Practices of an unlawful practice, so as to require the administrator of the Office of Fair Employment Practices to issue periodic status reports with respect to complaints of unlawful practices.
HB 315. By Representatives Pinkston of the 100th, Beck of the 148th and Padgett of the 86th:
A bill to amend Chapter 2 of Title 7 of the Official Code of Georgia Annotated, relating to the credit union deposit insurance corporation, so as to provide procedures and requirements for the adoption or amendment of bylaws of the credit union deposit insurance corporation; to authorize the board of such corporation to provide a membership fee schedule with department approval.
HB 322. By Representative Stephens of the 68th:
A bill to amend Code Section 17-8-3 of the Official Code of Georgia Annotated, relating to entry of a nolle prosequi, so as to require personal or written notice to be given to the defendant and the defendant's attorney of entry of a nolle prosequi.
HB 377. By Representative Lawson of the 9th:
A bill to amend Chapter 39 of the Official Code of Georgia Annotated, relating to street improvements, so as to increase the amount of the interest rate on street improvement bonds.
THURSDAY, FEBRUARY 16, 1989
1041
HB 420. By Representatives Reaves of the 147th, Johnson of the 123rd, Branch of the 137th, Moore of the 139th, Jamieson of the llth and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the development and enhancement of aquaculture; to provide a short title; to provide for definitions; to create the Aquaculture Development Commission.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:
SR 64. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property located in Atlanta, Fulton County, Georgia; to provide an effective date.
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:
HB 43. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".
HB 219. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create a chairman and board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts.
HB 285. By Representative Hudson of the 117th:
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 sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 41. 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; 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.
Referred to the Committee on State Planning & Community Affairs.
1042
JOURNAL OF THE HOUSE,
SB 257. By Senator Garner of the 30th:
A bill to amend Code Section 42-10-4 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Correctional Industries Administration, so as to change such powers with regard to capital projects; to clarify and restate its powers with regard to earnings, vocational training, and otherwise; to ratify and approve existing facilities and a warehouse under construction.
Referred to the Committee on State Institutions & Property.
SB 268. By Senators Howard of the 42nd, Starr of the 44th, Barnes of the 33rd and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for legislative intent; to require the Department of Medical Assistance to establish a Medicaid Prescription Drug Bidding and Rebate Program and provide for conditions, procedures, and requirements relating thereto.
Referred to the Committee on Health & Ecology.
SB 274, By Senators Harris of the 27th, McKenzie of the 14th and Ragan of the 10th:
A bill to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to change the dollar amount for which counties may negotiate certain contracts; to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to local government provisions applicable to public works contracts of counties only, so as to provide that county contracts shall be let to the lowest responsible bidder.
Referred to the Committee on State Planning & Community Affairs.
SB 315. By Senators Newbill of the 56th, Ragan of the 32nd and Clay of the 37th:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to provide for a solicitor for the State Court of Cobb County; to provide for the election, terms, compensation, and duties of said solicitor; to provide for assistant solicitors.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 64. By Senators Scott of the 2nd and Tysmger of the 41st:
A resolution authorizing the conveyance of certain state owned real property located in Atlanta, Fulton County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
Representative Lee of the 72nd assumed the Chair
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third
time:
THURSDAY, FEBRUARY 16, 1989
1043
SB 103. By Senators Deal of the 49th and Bowen of the 13th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to change the provisions on the payment of witness fees for certain law enforcement officers, correctional officers, and similar persons.
The following amendment was read and lost:
Representative Davis of the 72nd moves to amend SB 103 as follows: To amend line 7, page 2 by striking the word "may" and inserting the word "shall". To amend line 31, page 2 by striking the word "may" and inserting the word "shall". To amend line 17, page 3 by striking the word "may" and inserting the word "shall".
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins
Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord Lucas Y Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Selman Y Simpson
Y Sinkfield Smith.L
Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Wataon Y Watts
White Wilder Williams.B Williams.J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 147, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representatives Bannister of the 62nd and Bailey of the 72nd 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.
1044
JOURNAL OF THE HOUSE,
HB 587. By Representatives Walker of the 115th, Groover of the 99th and Mangum of the 57th:
A bill to amend Chapter 11 of Title 50 of the Official Code of Georgia Annotated, relating to the State Library and librarian, Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education with respect to library activities, and Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to revise provisions relating to state publications and librarians.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
V Aaron
Y Abernathy Y Adams
Y Aiken Y Alford
Alien Y Athon Y Atkins
Bailey
Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield
YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove 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 Cohvell Y Connell Y Couch
Cox Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel
Floyd Y Foster YGodbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee Y Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
Rainey
Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Wilder Williams.B Williams,.!
Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Bailey of the 72nd and Bannister of the 62nd 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.
HB 428. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-4-10 of the Official Code of Georgia Annotated, relating to the State Board of Technical and Adult Education, so as to provide for staggered terms of office of the members of the board.
THURSDAY, FEBRUARY 16, 1989
1045
The following amendment was read and adopted:
Representative Moore of the 139th moves to amend HB 428 as follows:
By deleting the word "five" on lines 15-22 and 23 of page 1 and substituting the word "four" in lieu 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 roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Alien Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnelt.B Y Barnett,M YBeck Y Benefleld YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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
Cox Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Hudson Ylrwin Y Isakson
Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee
Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey
Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens YTeper
Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder
Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker assumed the Chair.
HB 535. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to change provisions relating tc the regulation of fire sprinklers; to redefine certain terms used in said chapter; to require proof of liability insurance prior to issuance of a certificate of competency; to authorize the Georgia Fire Safety Commissioner to impose certain civil monetary penalties.
1046
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 Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford N Crosby
Cummings.B Cummings,M Y Davis.C Y Davis.G Y Davis.M N Dixon.H Y Dixon.S Dobbs Y Dover Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Hudson Y Irwin Y Isakson Y Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Langford Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney.B
McKinney.C Y Meadows
Milam Mobley Y Moody Moore Y Morton N Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Orrock Y Padgett Y Pannell Parham Y Parrish Y Patten Y Pettit Pinks ton YPoag Y Porter Y Poston Y Powell Rainey Y Randall Y Ransom YRay Y Reaves Redding Y Richardson Ricketson Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P N Smith.T Y Smith.W Y Smyre Y Snow Y Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 137, nays 4. The Bill, having received the requisite constitutional majority, was passed.
HB 568. By Representatives Dover of the llth, McKelvey of the 15th, Martin of the 26th and Hooks of the 116th:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the Governor's Employment and Training Council shall assist the Commissioner of Labor; to provide for the creation of the Governor's Employment and Training Council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown YBuck
Y Buford YByrd Y Carrell Y Carter
Chambles Chance Y Cheeks Childers Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Y Connell
Couch Cox Y Crawford
THURSDAY, FEBRUARY 16, 1989
1047
Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel
Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson,W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Y Lee Y Lindei Y Long
YLord Y Lucas Y Lupton Y Mangum Y Martin
McCoy
Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore Y Morion Y Moultrie Y Mueller
Oliver.C Y Oliver,M YOrr
Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Y Pettit Pinks ton
YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith.L Y Smith,P
Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S
Stanley Y Steele N Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Y Ware Y Watson
Watts White Y Wilder Y Williams.B WilliamsJ Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 143, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representative Stephens of the 68th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 51. By Senators Turner of the 8th, Harris of the 27th, Walker of the 43rd 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 expand legislative findings; to change certain definitions; to expand the scope of purposes for which bonds may be issued by the Georgia Residential Finance Authority; to limit the amounts of certain types of bonds which maybe issued.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy
Y Adams Y Aiken
Y Alford Alien
Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell
Carter Chambless
Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L
Colbert Coleman Colwell Y Connell Y Couch Cox Y Crawford
Y Crosby Y Cummings.B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Felton
Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Hasty Y Heard Y Herbert Y Holcomb
Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson.J Jackson.W Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
1048
JOURNAL OF THE HOUSE,
Y Lawson
YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Moore Y Morion Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston YPoag
Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow
Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson
Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates
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.
HB 556. By Representatives Oliver of the 53rd, Hamilton of the 124th and Richardson of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to define "dependent child"; to provide that when a court orders temporary or permanent child support for a minor child such support shall continue until such child reaches the age of 22 years or the child is no longer a dependent child or until such time as the court modifies its order.
The following Committee substitute was read:
A BILL
To amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy of children, so as to provide that in cases of legitimation, the court shall establish the duty of the father to support the child; 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 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy of children, is amended by striking Code Section 19-7-22 in its entirety and inserting in lieu thereof a new Code Section 19-7-22 to read as follows:
"19-7-22. A father of a child born out of wedlock may render the same legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which he shall be known. In addition, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
THURSDAY, FEBRUARY 16, 1989
1049
Representative Davis of the 72nd moves to amend the Committee substitute to HB 556 as follows:
To amend page 2, line 1 by striking the word "he" and inserting the words "the child".
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 Abernathy Y Adams
Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Carrel! 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 Cox
Y Crawford
Y Crosby Y Cummmgs.B
Cummings.M
Y Davis.C Y Davis.G
Davis,M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Hainey Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfleld Y Smith.L Y Smith,? Y Smith.T Y Smith.W YSmyre YSnow
Stancil,F Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J
Y Yates Y Yeargin
MurphyrSpkr
On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 0.
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 amendments thereto:
HB 130. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide for a commercial driver's license.
The following Senate amendments were read:
1050
JOURNAL OF THE HOUSE,
Senate Amendment No. 1 Amend HB 130 by striking from lines 10 and 11 of page 5 the following: "used only in response to emergencies". By inserting on line 20 of page 13 after "$35.00" the following: '', except for those who operate or are applying to operate a public school bus in which case there shall be no application fee".
Senate Amendment No. 2
Amend HB 130 by inserting on line 22 of page 5 after the word and symbol "mill." the following:
"Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation, shall supersede state law in authorizing the Department of Public Safety to exempt said classes."
Representative Jackson of the 9th moved that the House agree to the Senate amendments to HB 130.
On me motion, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown YBuck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner 7 Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey McKinney,B
On the motion, the ayes were 155, nays 0. The motion prevailed.
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre YSnow
Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy.Spkr
THURSDAY, FEBRUARY 16, 1989
1051
HB 43. By Representative Buck of the 95th: A bill to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the definition of "peace officer".
The following Senate amendment was read:
Amend HB 43 by striking the word "training" where it appears in line 21 on page 2 and in line 9 on page 3.
Representative Buck of the 95th moved that the House agree to the Senate amendment to HB 43.
On the motion, the roll call was ordered ana the vote was as follows:
Y Aaron Abernathy
Y Adams Aiken
Y Alford Alien
Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Barnett.M Beck
Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Y Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C
Davis,G N Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder
YLong Y Lord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
On the motion, the ayes were 143, nays 1. The motion prevailed.
McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston
Powell Rainey Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow
Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy ,Spkr
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 612. By Representative Dixon of the 151st:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to provide that the Board of Pilotage Commissioners for the City of St. Marys shall have the authority to make an agreement with the Florida State Board of Pilot Commissioners to establish authority for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River.
1052
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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove 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 Cox
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson, W Jatnieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morion Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M
YOrr Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfleld Y Smith.L Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow
Stancil.F Y Stancil,S
Stanley YSteele Y Stephens YTeper Y Thomas,C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J YYates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 83. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Environmental Facilities Authority Act," relating to the creation of the authority and its program of assisting local governments in meeting their need for environmental facilities, so as to provide for the extension of such program to include assistance for solid waste facilities.
The following amendment was read and adopted:
Representatives Carter of the 146th and Dobbs of the 74th move to amend SB 83 as follows:
By inserting on page 2, line 32 after the word "treating" the following "recycling, composting".
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:
THURSDAY, FEBRUARY 16, 1989
1053
Aaron Abernathy Y Adams Aiken Y Alford Alien Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Bargeron Y Barnett,B
Y Barnett.M Beck
Y Benefield Y Benn
Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown Y Buck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Childers Clark.B
Y Clark.H Clark.L Colbert
Y Coleman Y Colwell Y Connell Y Couch
Cox Crawford
Crosby Y Cummings.B
Cummings.M Y Davis,C
Davis.G Y Davis,M
Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster YGodbee
Y Goodwin Y Green Y Greene Y Gresham
Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins
Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D
Y Lane.R Y Langford
Lawrence Y Lawson YLee
Y Under YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald McKelvey
McKinney,B
McKinney.C Meadows Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr Orrock
Y Padgett Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston
YPoag Y Porter Y Poston
Powell
Rainey Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P
Y Smith.T Y Smith,W Y Smyre
YSnow Stancil,F
Y Stancil.S
Stanley Y Steele Y Stephens YTeper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, as amended, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 285. By Representative Hudson of the 117th:
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 sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.
The following Senate amendment was read:
Amend HB 285 by adding in Section 4 on line 1 of page 4, following the word "fish" and preceding the period, the following:
"; provided, however, that persons possessing a valid fishing license may fish in ponds used primarily for the production of food fish".
Representative Hudson of the 117th moved that the House disagree to the Senate amendment to HB 285.
The motion prevailed.
1054
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health and Ecology and referred to the Committee on Judiciary:
HB 817. By Representatives Kingston of the 125th, Chambless of the 133rd and Hooks of the 116th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to informed consent for medical treatment, so as to change the period within which consent must be obtained.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 85. By Senators Barnes of the 33rd, McKenzie of the 14th and Baldwin of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of public safety personnel, so as to remove the provision of the law subrogating the state to a cause of action for death or disability upon payment of indemnification; 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 Abernathy Y Adams
Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown Y 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
Cox Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Felton Y Fennel Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J
Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Lawrence Y Lawson YLee Y Linder YLong Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey McKinney,B
Y McKinney.C Meadows Milam
Y Mobley Y Moody Y Moore Y Morton
Moultrie Mueller Y Oliver.C Y Oliver.M YOrr Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Pettit Y Pinkston Poag Y Porter Y Poston Y Powell Rainey Y Randall Y Ransom Ray Y Reaves Redding Y Richardson Ricketson Y Robinson Y Royal Selman Y Simpson
On the passage of the Bill, the ayes were 145, nays 0.
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow
Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy.Spkr
THURSDAY, FEBRUARY 16, 1989
1055
The Bill, having received the requisite constitutional majority, was passed.
HB 601. By Representative McDonald of the 12th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a handicapped identification card; to provide for definitions; to provide for certain information contained on such card; to provide for application and renewal; to provide for rules and regulations; to provide for proof of birth date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, ihe roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Beck Y Benefield Y Benn Y Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown Y 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
Cox Crawford Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs Dover Y Dunn Y Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Hamilton Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson
Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford 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,B
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 486. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals, so as to provide for an adjustment in calculating taxable net income for individuals who have Subchapter "S" corporation income in federal adjusted gross income for federal purposes but do not qualify for Subchapter "S" corporation status for state purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1056
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton
Y Fennel Y Ployd Y Poster Y God bee Y Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover
Hamilton Manner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Jackson.W Jamieson Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald
Y McKelvey McKinney.B
McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman
Simpson
Y Sinkfleld Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre
YSnow Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder
Williams,B Williams.J Y Yates
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.
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 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1988-1989.
The Speaker announced the House in recess until 1:30 o'clock, this afternoon.
THURSDAY, FEBRUARY 16, 1989
1057
AFTERNOON SESSION
The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1988-1989.
The following Senate substitute was read:
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1988-1989 know as the "General Appropriations Act", approved April 14, 1988 (Ga. L. 1988, p. 1998), so as to change certain appropriations for the State Fiscal Year 1988-1989; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1988-1989, as amended, known as the "General Appropriations Act" approved April 14, 1988 (Ga. L. 1988, p. 1998), is further amended by striking everything following the enacting clause through Section 77, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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...........................................................................$
20,923,966 9,848,300
3,177,901 2,388,972
118,800 6,000 0
355,000 415,500 63,700 638,000
369,732
2,320,261
1058
JOURNAL OF THE HOUSE,
Photography...................................... Expense Reimbursement Account. Capital Outlay.................................. Total Funds Budgeted..................... State Funds Budgeted.....................
68,000 1,153,800
0 20,923,966 20,923,966
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
$
377,961
$
1,098,710
$
9,591,389
8,114,718
377,961 1,098.710 9,591,389
Joint Functional Budgets
Total Funds
State Funds
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total
$
2,058,843
$
1,863,793
$
786,990
$
1,117.998
$
5,827,624
2,058,843 1,863,793
786,990 1,117,998 5,827,624
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
THURSDAY, FEBRUARY 16, 1989
1059
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 for 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...............................................
12,596,408
10 ,381,288 364,220 813,972 172,500 24,900 50,888 336,140 396,800 55,700 ,596,408 ,596,408
PART II. JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court.........................................
3,900,608
Section 4. Court of Appeals. Budget Unit: Court of Appeals .....................................
4,504,874
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.................................................
37,750,463 35,025,808
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
124,862
Section 8. Judicial Council. Budget Unit: Judicial Council.......................................
1,509,673
1060
JOURNAL OF THE HOUSE,
Council Operations..........................................................................$ Payments to Judicial
Administrative Districts for Case Counting..............................................................................$ Board of Court Reporters ..............................................................$ Payment to Council of Magistrate Court Judges................................................................................$ Payment to Council of Probate Court Judges ................................................................................$ Payment to Council of State Court Judges................................................................................! Payment to Resource Center.........................................................$ Payment to Computerized Information Network..................................................................$
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....................................................................$
665,088
71,000 28,575
26,000
20,000
10,000 150,000 539,010
109,310
39,652,220 42,591,314 9,717,316
335,449 430,700 4,215,479 8,833,624 3,288,851 897,578 633,762 15,966,243 42,635 1,957,232
0 34,165,279 11,650,000
608,800
50,000
30,000
0 2,600,000 4,200,000 142,214,262
THURSDAY, FEBRUARY 16, 1989
1061
Department of Administrative Serv ices 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
$
377,280
$
2,314,218
$
16,880,785
$
12,128,279
$
2,734,176
$
657,217
$
521,873
$
50,545,599
$
3,844,853
$
42,710,204
$
5,574,379
$
1,564,315
$
683,247
$
1,677,837
$
142,214,262
$
377,280
$
2,285,287
$
14,828,637
$
0
$
2,734,176
$
0
$
521,873
$
12,924,967
$
0
$
5,850,000
$
130,000
$
0
$
0
$
0
$
39,652,220
B. Budget Unit: Georgia Building
...............................$
Georgia Building Authority Budget:
...............................$
...............................$
Travel.................................................................................................$
^^otor Vehicle Purchases
...............................$
...............................$
<6
Real Estate Rentals.........................................................................I
...............................$
...............................$
...............................$
Utilities ............................................................. .................................$
...............................$
Fuel.....................................................................................................$
Facilities Renovations
,..............................$
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
$
1,922,900
$
0
$
4,737,600
$
0
$
4,880,800
$
0
$
4,642,800
$
0
$
199,100
$
0
$
4,343,500
$
0
$
10,961,100
$
0
$
597,900
$
0
1062
JOURNAL OF THE HOUSE,
Facility Renovations Total
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 ...............................................................$ 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
32,448,217
28,055,956 3,355,998
877,000 513,604 396,114 317,928 850,963 390,374 330,754 600,000
2,124,650
1,662,832 547,000 91,000 75,000 205,000
526,600
75,000 0
60,000 50,000 100,000 41,205,773 32,448,217
THURSDAY, FEBRUARY 16. 1989
1063
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
4,304,536 6,398,502 1,766,211 3,628,428 4.363,030 1.405,150 3,012,727
5,925,309 4,107,818 4,006,733
364,797 1,922,532 41,205,773
3,839,911 6,026,778 1,721,957 3,628,428 4,285,030 1,405,150 3,004,727
4,567,704 1,611,752
534,248 0
1,822,532
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.....................................................................?
557,000 143,305
7,250
0 28.466
0 0 9,000 75,731
246,000
98,280 1.165,032
0
Section 12. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance ................... . ... .............................^
Administration and Examination Budget: Personal Services.............................................................................$ Regular Operating Expenses ....................,.............,......................$ Travel.....................................................................,..........................$ Motor Vehicle Purchases .................,.............................................$ Equipment.........................................................................................?
Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications........................................................................? Per Diem, Fees and Contracts......................................................? Total Funds Budgeted.................................... ...............................$ State Funds Budgeted....................................................................?
5,733,574
4,794,975 220,511 321,198 0 24,305 122,402 184,272 63,911 2,000
5,733,574 5,733,574
Section 13. Department of Community Affairs. Budget Unit: Department of
Community Affairs..................................................? State Operations Budget:
Personal Services..................... .......................................................f' Regular Operating Expenses .........................................................S
8,372,056
4,803,291 243,346
1064
JOURNAL OF THE HOUSE,
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....................................................................$
177,884 8,200 24,009
45,615 398,192 62,998 123,132 327,919
1,400,000 310,000
99,800
30,000,000
0 0 650,000
600,000
422,990 39,697,376 8,372,056
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Office of Rural Development Total
$
4,086,459
$
1,394,920
$
32,856,144
$
1,086,214
$
273,639
$
39,697,376
4,063,959 1,209,614
1,904,676 920,168 273,639
8,372,056
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........................................................... Grants for Local Jails....................................
306,295,275 222,451,418 24,503,025
1,330,530 1,432,000 4,867,492
869,450 2,920,461 2,264,367 1,687,805
730,000 8,479,215
445,000 11,110,000 8,500,000
1,250,000 20,000
THURSDAY, FEBRUARY 16, 1989
1065
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....................................................................$
682,000
3,199,945
1,429,703
315,196 1,100,000 12,969,341
48,946
289,190 741,400 200,000 313,836,484 450,000
0 306,295,275
Departmental Functional Budgets
Total Funds
State Funds
Administration Institutions and Support Probation Total
$
37,914,661
$ 222,462,676
$
53,459,147
$ 313,836,484
$
37,354,661
$ 221,220,879
$
47,719,735
$ 306,295,275
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....................................................................?
19,798,192
16,297,840 483,309 435,951 124,500 148,304 126,706
1,115,131 397,469 365,454 550,000
20,044,664 19,798,192
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......................................................?
4,863,042
7,423,010 3,720,608
66,382 27,200 50,725 13,830 7,800 132,596 183,500
1066
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 63,160 325,125 13,168,036 4,863,042
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
$
2,364,010
$
1,959,677
$
3,336,041
$
5,508,308
$
13,168,036
1,241,750
903,813 462,047 2,255,432 4,863,042
Section 16. State Board of Education Department of Education.
Budget Unit: Department of Education.................................
Operations: 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............................................... Mid-Term Adjustment................................... Local Fair Share.............................................. Other Categorical Grants:
2,383,011,474
39,101,937 4,698,871 1,700,044
96,590 546,391 9,276,774 2,190,848 723,781 17,393,447 851,720 210,000
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 14,645,867 83,370,542 446,973,429 106,375,602
992,440 41,942,194 (430,108,768)
THURSDAY, FEBRUARY 16, 1989
Equalization Formula .....................................................................$ Sparsity Grants................................................................................$ In School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................$ Non-QBE Grants:
Education of Children of LowIncome Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
Removal of Architectural Barriers .........................................................................................$
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....................................................................................$ Salaries and Travel of Public Librarians.........................................................................$ Public Library Materials................................................................$ Talking Book Centers.....................................................................$ Public Library M & 0....................................................................$ Grants to Local School Systems for Educational Purposes...........................................................$ Child Care Lunch Program (Federal).......................................................................? Chapter II - Block Grant FlowThrough...............................................................................$ Payment of Federal Funds to Postsecondary Vocational Education......................................................................................? Innovative Programs.......................................................................? Technology Grants..........................................................................?
Limited English - Speaking Students Program .......................................................................?
Drug Free School (Federal)...........................................................? Transition Program for Refugee...................................................?
1067
114,111,755 1,500,000 0 1,000,000 13,298,790
100,000
86,908,735
1,950,000
29,455,844
888,439
2,102,000 31,942,336 127,921,445 22,666,600
5,895,946
6,137,565
2,991,722 17,905,323
2,830,345 1,269,600
82,000 3,084,680
366,540
9,061,589 4,498,850
767,632 3,638,259
78,000,000
16,728,325
8,702,655
14,218,609 670,500 850,000
1,250,000 3,541,023
110,450
1068
JOURNAL OF THE HOUSE,
Emergency Immigrant Education Program.........................................
Robert C. Byrd Scholarship (Federal).......................................,
Total Funds Budgeted.................... Indirect DOAS Services Funding ..
61,547
152,500 2,708,826,314
340,000
State Funds Budgeted...........................................................
2,383,011,474
Education Functional Budgets
Total Funds
State Funds
State Administration Instructional Programs Governor's Honors Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Ga. School for the Deaf Atlanta Area School
for the Deaf Total
4,047,732 16,209,683 1,040,401 20,055,464
15,004,976 4,024,159
258,975
540,693 2,632,035,911
4,202,888 6,601,224
4,804,208 2,708,826,314
$
3,578,218
$
8,968,243
$
978,945
$
14,502,123
$
14,374,372
$
2,569,964
$
258,975
$
540,693
$ 2,322,407,356
$
3,994,540
$
6,399,680
$
4,438,365
$ 2,383,011,474
Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement
System ..................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
0
918,040 107,560
7,500 0
5,400 280,000 121,500 27,000 657,700
0 0 2,124,700 0
Section 18. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$
31,950,958
26,727,598 6,712,733
157,298 1,259,133 2,335,896
THURSDAY, FEBRUARY 16, 1989
1069
Computer Charges...........................................................................$
Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!
Per Diem, Fees and Contracts......................................................! Contractual Research......................................................................! Payments to the University of
Georgia, School of Forestry for Forest Research.....................................................................! Ware County Grant for Southern Forest World ................................................................................$ Ware County Grant for Road Maintenance.................................................................................! Wood Energy Program...................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
115,305 39,694 871,599 490,347 250,000
300,000
30,000
60,000 28,000 40,000 39,417,603 31,950,958
Forestry Commission Functional Budgets
Total Funds
State Funds
.Reforestation Field Services Wood Energy General Administration
and Support Total
$
5,118,743
!
31,826,519
$
28,000
$
2,444,341
!
39,417,603
$
585,291
$
28,900,326
$
28,000
$
2,437,341
$
31,950,958
Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation............................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Evidence Purchased........................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!
31,261,237
22,789,687 2,268,866
600,075 466,800 546,894 584,085 1,779,565 1,683,765 42,500 479,000 20,000 31,261,237 31,261,237
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total
$
3,010,351
$
6,179,823
$
10,114,066
$
6,029,284
!
5,927,713
!
31,261,237
$
3,010,351
$
6,179,823
!
10,114,066
$
6,029,284
!
5,927,713
$
31,261,237
Section 20. Office of the Governor. Budget Unit: Office of the Governor..................................................!
19,197,193
1070
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 ...............................................,..$ Cost of Operations ........................................................................,.$ Mansion Allowance .........................................................................$ Governor's Emergency Fund .........................................................$ Intern Stipends and Travel...........................................................$ Art Grants of State Funds.............................................................$ Art Grants of Non-State Funds.................................................. .$ Humanities Grant - State Funds..................................................$ Art Acquisitions - State Funds .....................................................$ Children's Trust Fund Grants ......................................................$ Children and Youth Grants.... .,....................................................$ Payments to Hazardous Waste
Management Authority ..............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
8,805,813 451,250 188,300 0 61,734 148,400 643,014 211,480
48,734,896 2,790,542 40,000 2,500,000 158,000 2,750,000 345,006 50,000 40,000 662,461 100,000
150,000 68,830,896 19,197,193
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 Vocational Education
Advisory Council Office of Consumers'
Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Growth Strategies Commission Human Relations Commission Total
5,488,542
807,449
4,447,197 3,786,261 1,994,660 47,757,592
288,447
651,987
656,436
1,409,005
1,153,325 277,625 112,370
68,830,896
$
5,488,542
739,236
4,307,197 3,248,016 1,994,660
341,127
133,447
651,987
410,656
339,005
1,153,325 277,625 112,370
19,197,193
Section 21. Department of Human Resources. A. Budget Unit: Departmental
Operations.............................................. i. General Administration and
Support Budget: Personal Services............................................................ Regular Operating Expenses........................................ Travel........................................................... ............... .. Motor Vehicle Purchases..............................................
434,440,152
51,698,977 2,603,042 .' 411,429
0
THURSDAY, FEBRUARY 16, 1989
1071
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....................
403,802 2,751,646 5,048,438 1,065,557 2,507,806
299,074 992,468
0
4,000
8,108,680 10,761,878
236,000 35,342,499 123,235,296
638,300 55,903,995
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
786,467 1,222,147
310,462 1,676,691
0 4,938,930
529,285
509,212 1,650,435 5,161,837 2,045,111
516,000
10,761,878 479,385
9,341,668
677,213 2,413,625
805,153
3,414,749 402,997 802,603
5,521,776 21,156,778 9,493,933 37,305,223
786,467 1,222,147
310,462 1,632,736 (5,090,942) 3,444,691
529,285
509,212 1,650,435 4,961,837 2,045,111
516,000
10,245,359 142,505
677,213 2,403,625
578,992
964,243 402,997 599,959 273,214 2.754,503 9,281,333 13,805,873
1072
JOURNAL OF THE HOUSE,
State Health Planning and Development Agency
Total
1,311,738 123,235,296
1,256,738 55,903,995
2. Public Health Budget: Personal Services.............................................................................$ 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..........................................................$
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 ..............................................................$ Grants-In-Aid to Counties.............................................................$
Purchase of Service Contracts ......................................................$ Special Purpose Contracts.............................................................$
Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
44,656,998 53,736,162 1,204,223
0 428,166 620,183 778,216 650,571 3,350,858
0 95,556 623,632
4,936,795
2,055,000 2,068,464 7,456,223
400,000 2,650,000
4,050,421 302,000
62,677,766 10,706,055 6,360,000 209,807,289
549,718 123,151,841
Public Health Functional Budgets
Total Funds
State Funds
Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition
777,061 339,799 1,282,294 1,752,930 692,918 753,832
1,860,754 1,788,060
562,672
1,528,042
1,399,897 11,112,501 9,392,795 2,293,070 10,495,104 54,959,983
579,836 299,799 1,197,294 1,617,001 470,100 691,744
1,444,504 775,017 0
306,002
1,399,897 5,378,629 9,201,585
847,137 5,741,660
0
THURSDAY, FEBRUARY 16, 1989
1073
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 Aids Total
1,690,894 11,899,431 1,385,564
664,206 3,650,992
846,992 5,023,959 2,850,196
10,172,179 869,524
3,055,547
6,594,224 53,595,372
460,207 2,957,876 3,098,414 209,807,289
1,480,719 9,687,488 1,385,564
664,206 3,595,345
461,663 4,903,959 1,789,696
10,042,504 686,574
2,604,595
6,594,224 46,715,239
359,633 1,165,086 1,065,141 123,151,841
3. Rehabilitation Services 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 .................................................................................$ 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....................................................................!
62,014,634 9,522,121
801,663 264,500 433,914 1,673,520 2,676,949 1,402,301 4,452,190 943,324
0 335,300
165,000 15,634,998
50,000 509,100 6,321,672 107,201,186 100,000 22,226,770
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
3,859,180 680,089
7,796,577
17,137,188
12,598,968 22,278,407
962,248
1,348,005 547,225
1,547,498
4,181,126
606,252 0 0
1074
JOURNAL OF THE HOUSE,
District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total
34,448,934 495,367
1,414,072 5,120,256
409,900 107,201,186
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................................... 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
$
1,328,582
$
276,106,059
$
100
$
12,978,058
$
48,054,191
$
76,878,122
$
45,284,352
$
6,636,080
$
2,427,000
$
872,594
$
4,087,055
$
3,866,113
$
4,768,838
$
18,133,782
$
2,271,438
$
0
$
2,318,389
$
1,797,333
$
19,574,332
7,453,796 286,724 725,988
5,120,256 409,900
22,226,770
13,971.775 1,401,440
397,600 10,400 73,975 15,708,002 216,243 907,120 4,996,424 9,100 1,371,985 289,558,799
178,551,696 45,707,516 3,416,730 2,225,484 558,524,289 2,339,882 233,157,546
State Funds
$
0
$ 102,035,261
$
100
$
0
$
8,167,368
$
38,439,061
$
21,235,662
$
6,636,080
$
0
$
872,594
$
3,390,727
$
3,866,113
$
2,109,597
$
7,105,382
$
2,271,438
$
(5,718,173)
$
1,908,631
$
1,797,333
$
12,497,722
THURSDAY, FEBRUARY 16, 1989
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
1,939,720 672,684
3,293,375 18,365,300
154,200 757,600 1,089,030 3,036,011
1,833,951 558,524,289
Budget Unit Object Classes:
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 ...........................................................,. ... .......$
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 .........................................................$
1075
1,469,164 509,493
2,707,472 15,865,300
154,200 757,600 1,072,630 2,847,611
1,159,180 233,157,546
172,342,384 67,262,765
3,814,915 274,900
1,339,857 20,753,351 8,719,846 4,025,549 15,307,278 1,251,498 2,795,309
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 62,677,766
8,108,680 56,469,394 15,634,998
50,000 289,558,799
178,551,696
169,000 10,521,830 54,595,710
453,133,832
359,635,702 32,584,668
1076
JOURNAL OF THE HOUSE,
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment. .......................................................................................$ Computer Charges...........................................................................$
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$
Per Diem, Fees and Contracts......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and
Maintenance.................................................................................$ Grants to County-Owned
Detention Centers .......................................................................$ Substance Abuse
Community Services ...................................................................$
Mental Retardation Community Services ...................................................................$
Mental Health Community Services ...................................................................$
Community Mental Health Center Services............................................................................$
Special Purpose Contract...............................................................! Service Benefits for Children ........................................................$ Purchase of Service Contract........................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
991,562 942,327 3,558,294 4,112,195 778,109 2,822,181 6,012,577 13,956,804 21,200 748,468
2,363,882
2,222,640
30,461,421
84,570,208
11,605,116
45,212,140 1,356,660 2,140,048 496,000
606,592,202 2,404,100
453,133,832
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
36,192,034 30,441,744
25,693,790 20,460,238
26,047,107
28,533,220 119,805,443
23,584,681
44,017,798
20,538,230 2,340,454
8,689,176
4,551,317
64,877,251
24,253,161 15,188,754
23,016,580 17,351,153
20,313,883
22,763,704 79,703,880
21,071,532
24,390,256
15,930,948 2,188,174
8,605,367
2,771,090 37,319,251
THURSDAY, FEBRUARY 16, 1989
Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Admininistration 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
11,288,718
591,869 410,048 1,147,297
45,212,140 371,144
1,670,580
273,604
316,398
3,262,748
15,038,198
74,630 8,340,819
17,590,349 9,898,567 6,707,708 3,737,087 3,496,507 10,593,216 2,517,774
930,659 660,496 3,338,447
692,810
402,184
2,255,722
$
606,592,202
Section 22. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade................................................... 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...............................................
1077
10,525,795
577,623 247,048 1,147,297
36,476,722 371,144
1,420,580
273,604 316,398
3,262,748
15,038,198
74,630 6,878,446
17,253,349 9,513,156 6,636,973 3,620,973 3,385,107 10,593,216 2,517,774
930,659 660,496 3,238,447
692,810
402,184
2,210,722 453,133,832
17,864,012
6,885,334 1,611,369
349,445 68,500 73,995 125,025 607,140 252,860 439,425 230,000
5,401,184
2,745,000
1078
JOURNAL OF THE HOUSE,
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....................................................................$
80,000
25,000
50,000 35,000
0
53,000
25,000 0
19,057,277 17,864,012
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
$
6,470,943
$
4,735,281
$
7,851,053
$
19,057,277
5,628,943 4,552,281 7,682,788 17,864,012
Section 23. Department of Insurance. Budget Unit: Department of Insurance. 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..................................
10,070,182
9,159,657 546,750 309,000 47,500 50,670 206,771 525,759 205,021 185,500
11,236,628 10,070,182
Department of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total
1,898,340 4,023,256
565,685
4,749,347 11,236,628
1,898,340 3,917,271
565,685
3,688,886 10,070,182
Section 24. Department of Labor. Budget Unit: Department of Labor.......... State Operations:
Personal Services................................... Regular Operating Expenses............... Travel ...................................................... Motor Vehicle Purchases.....................
6,028,241
54,976,779 6,163,100 830,000 11,000
THURSDAY, FEBRUARY 16, 1989
1079
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...............
455,000 5,645,000 1,259,300 1,355,900
60,580,000 381,500 0 400,000
1,000,000 133,057,579
6,028,241
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices Administrative Services Employment and Training
Services Total
$
2,769,821
$
16,028,057
$ 114,259,701 $ 133,057,579
581,610 1,296,313
4,150,318 6,028,241
Section 25. Department of Law. Budget Unit: Department of Law.......................................................$ Attorney General's Office Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
7,983,444
7,097,516 388,702 128,000 0 27,480 229,946 411,800 80,000 60,000 110,000
8,533,444 7,983,444
Section 26. Department of Medical Assistance. Budget Unit: Medicaid Services..........................................................$
Departmental Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................$ Per Diem, Fees and Contracts ......................................................$ Medicaid Benefits, Penalties and Disallowances .......................................................................$ Payments to Counties for Mental Health..............................................................................$ Audit Contracts...............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
439,525,729
10,799,527 489,000 189,900 0 43,536
12,391,225 925,973 343,642
16,389,138
1,246,449,010
25,170,529 772,500
1,313,963,980 439,525,729
1080
JOURNAL OF THE HOUSE,
Medical Assistance Functional Budgets
Total Funds
Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total
$
1,090,724
$
20,306,793
$
14,852,016
$
2,359,266
$
3,735,642
$ 1,271,619,539 $ 1,313,963,980
Section 27. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ...................................................... Departmental Operations Budget:
Personal Services........................................................................... Regular Operating Expenses....................................................... Travel.............................................................................................. Equipment...................................................................................... Computer Charges......................................................................... Real Estate Rentals...................................................................... Telecommunications..................................................................... Per Diem, Fees and Contracts.................................................... Health Insurance Payments........................................................ Total Funds Budgeted.................................................................. Agency Assessments...................................................................... Employee and Employer
Contributions............................................................................. Deferred Compensation................................................................ State Funds....................................................................................
Merit System Functional Budgets
Total Funds
Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development
Health Insurance Administration
Health Insurance Claims Internal Administration
Commissioner's Office Total
2,425,828
1,034,309 998,557
1,297,374
11,434,281 436,347,856
1,813,260 1,489,731 456,841,196
Section 28. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................
Operations Budget: Personal Services............................................................. Regular Operating Expenses ......................................... Travel ................................................................................ Motor Vehicle Purchases ............................................... Equipment........................................................................ Computer Charges...........................................................
State Funds
$
429,961
$
2,656,459
$
4,148,779
$
323,502
$
1,597,294
$ 430,369,734 $ 439,525,729
43,203,865
6,784,777 1,077,400
71,000 73,790 2,586,808 754,119 84,826 33,620,920 411,787,556 456,841,196 8,653,661
404,928,670 55,000
43,203,865
State Funds
0 43,203,865
0 0 43,203,865
71,563,882
52,031,707 10,310,215
505,350 1,493,994 1,742,335
626,120
THURSDAY, FEBRUARY 16, 1989
Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................$ 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 St. 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................................................................................$ National Parks Service Grants......................................................$ Capital Outlay Waterfowl Habitat ......................................................................$ Waterfowl Conservation Fund ......................................................$ Total Funds Budgeted....................................................................? Receipts from Jekyll Island State Park Authority ..................................................................$ Receipts from Stone Mountain Memorial Association .................................................................$ Indirect DOAS Funding .................................................................$
1081
1,706,138 1,294,574 1,463,268
900,000 530,000
300,000
125,000
1,978,900
350,000 211,500 1,189,000 1,642,380
1,600,000
206,000 50,000
485,000
766,665
59,892
347,831 125,000 3,913,696
10,000
149,405 150,000
1,404,556 275,000
7,050,000 7,000 13,000
500,000 150,000
200,000 135,000 95,998,526
53,750
315,000 200,000
1082
JOURNAL OF THE HOUSE,
State Funds Budgeted....................................................................$
71,563,882
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
$
7,836,755
$
26,494,449
$
32,184,559
$
25,063,695
$
4,419,068
$
95,998,526
$
7,441,004
$
21,918,985
$
19,190,525
$
21,485,611
$
1,527,757
$
71,563,882
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 .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
0
3,320,151 1,944,100
22,400 99,000 321,355 25,000 10,200 119,050 144,700 1,918,600 7,924,556
0
Authorities Functional Budgets
Total Funds
State Funds
Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total
$
6,520,000
$
0
$
1,404,556
$
0
$
7,924,556
$
0
Section 29. 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 ......................................................$ Conviction Reports .........................................................................$ State Patrol Posts Repairs
and Maintenance .........................................................................$ Capital Outlay .................................................................................$ Driver License Processing..............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................$
72,454,203
54,998,371 8,597,566
140,300 3,146,977
681,806 3,731,300
33,800 1,103,883
246,000 225,000
200,000 50,000 949,200 74,104,203 1,650,000 72,454,203
THURSDAY, FEBRUARY 16, 1989
1083
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations Total
$
17,545,148
$
13,842,033
$
42,717,022
$
74,104,203
16,045,148 13,842,033 42,567,022 72,454,203
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....................................................................$
13,186,735
6,163,941 2,285,272
133,500 136,170 151,795 356,563 91,853 153,900 1,178,700 2,675,977
0 13,327,671 12,896,596
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....................................................................$
397,276 29,100 13,000
0 0 40,000 63,625 8,000 23,800 3,500,000 4,074,801 290,139
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
$
4,074,801
$
4,440,756
$
841,577
$
1,118,865
$
408,023
$
344,845
$
6,173,605
$
17,402,472
$
290,139
$
4,440,756
$
821,577
$
1,019,865
$
408,023
$
344,845
$
5,861,530
$
13,186,735
Section 30. Public School Employees' Retirement System.
1084
JOURNAL OF THE HOUSE,
Budget Unit: Public School Employees' Retirement System.................
Departmental Operations Budget: Payments to Employees' Retirement System....................................... Employer Contributions.................................. Total Funds Budgeted..................................... State Funds Budgeted.....................................
13,878,962
267,712 13,611,250 13,878,962 13,878,962
Section 31. 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.....................................
7,339,828
5,870,419 394,861 220,100 57,900 53,364 341,800 278,825 113,300
1,250,000 8,580,569 7,339,828
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation Utilities Total
$
1,596,604
$
2,766,949
$
4,217,016
$
8,580,569
1,596,604 1,649,352 4,093,872 7,339,828
Section 32. Board of 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.........................................
669,340,400
712,544,198 100,000,000
194,901,534 116,000,000 10,000,000
333,975 368,841
0 0 0 1,020,000 1,135,168,548 27,160,771 216,000,000 219,640,077
3,027,300
669,340,400
THURSDAY, FEBRUARY 16, 1989
1085
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....................................................................?
140,125,408
182,973,433 56,589,452
80,767,375 25,816,168
267,521 1,693,360
1,251,877
2,655,750 2,381,730
158,000
680,924 12,215,450
729,262 600,000 200,000
739,618
206,000 369,925,920
0 82,415,620 146,829,192
555,700 140,125,408
Regents Central Office and Other Organized Activities Functional Budgets
Total Funds
State Funds
Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Engineering Extension
Division Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station
1,823,150 3,445,718 1,217,689 96,148,375 5,718,590 48,307,462 45,928,134 133,121,511 2,833,608
1,136,242 1,545,718
896,990 11,612,620 1,807,928 32,300,675 31,201,434 31,204,296 2,833,608
1086
JOURNAL OF THE HOUSE,
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total
$
2,299,285
$
5,545,918
$
1,743,722
$
2,181,920
$
19,610,838
$ 369,925,920
466,285
5,545,918
0
57,270 19,516,424 140,125,408
C. Budget Unit: Georgia Public Telecommunications Commission........................
Public Telecommunications Commission Budget: Personal Services....................................... Operating Expenses .................................. Total Funds Budgeted.............................. Other Funds............................................... State Funds Budgeted..............................
6,168,939
5,135,068 5,247,823 10,382,891 4,213,952 6,168,939
Section 33. 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 FICA................................................
Grants to Counties/Appraisal Staff .........................................................
Motor Vehicle Tags and Decals.............. Postage........................................................ Total Funds Budgeted.............................. Indirect DOAS Services Funding ........... State Funds Budgeted..............................
67,951,948
42,862,263 3,869,758 1,467,725 156,600 604,445 8,287,721 2,621,859 609,037 215,000
1,769,340
1,430,000 5,230,750 2,672,450 71,796,948 3,845,000 67,951,948
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
4,490,016 9,370,301 4,991,947 13,999,788 7,723,662 16,681,034 6,037,853 4,174,472
4,327,875 71,796,948
$
4,490,016
$
9,170,301
$
4,773,947
$
13,699,788
$
6,766,662
$
15,049,034
$
6,037,853
$
4,093,472
$
3,870,875
$
67,951,948
THURSDAY, FEBRUARY 16, 1989
1087
Section 34. 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....................................................................$
20,717,464 13,424,337 2,381,489
229,000 134,000 80,520 603,675 2,171,939 267,642 674,862 750,000 20,717,464 20,717,464
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
$
2,929,039
$
4,618,544
$
3,726,389
$
1,432,365
$
875,519
$
178,828
$
6,956,780
$
20,717,464
$
2,929,039
$
4,618,544
$
3,726,389
$
1,432,365
$
875,519
$
178,828
$
6,956,780
$
20,717,464
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
$
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
$
3,100
$
33,925
$
23,000
$
219,515
$
3,700
$
23,511
$
7,600
$
22,979
1088
JOURNAL OF THE HOUSE,
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..................................... Real Estate Rentals.................................. Telecommunications................................. Per Diem, Fees and Contracts................ Total Funds Budgeted..............................
State Funds Budgeted..............................
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
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
1,465,035
826,001 138,070 12,000 17,000 10,510 286,354 57,300 16,800 101,000 1,465,035 1,465,035
THURSDAY, FEBRUARY 16, 1989
1089
Real Estate Commission Functional Budget
State Funds
Cost of Operations
Real Estate Commission
$
1,465,035
$
1,505,035
Section 35. 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....................................................................$
1,610,570
755,420 134,236 49,000
0 12,400 7,750 44,276 15,360 125,732 466,396 1,610,570 1,610,570
Section 36. Student Finance Commission. Budget Unit: 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
3,683,982 355,435 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 27,869,607 19,426,082
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total
$
4,652,067
$
307,500
$
22,910,040
$
27,869,607
$
0
$
160,000
$
19,266,082
$
19,426,082
1090
JOURNAL OF THE HOUSE,
Section 37. 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...........................................
Section 38. Department of Technical
and Adult Education. Budget Unit: Department of Technical
and Adult Education..................... Department of Technical and Adult
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...........................................
Institutions Functional Budgets
Total Funds
Administration Institutional Programs Total
$
5,755,413
$117,168,589
$
122,924,002
Section 39. Department of Transportation. Budget Unit: Department of
Transportation ................................ For Public Roads and Bridges, for Grants to
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
108,378,049
3,271,872 302,568 105,000 0 25,100 119,684 376,180 67,991
1,471,018 16,000
62,908,040 9,552,749
0 4,945,908 31,486,349 2,621,863 5,653,680 122,924,002 108,378,049
State Funds
$
3,823,322
$104,554,727
$ 108,378,049
473,844,981
THURSDAY, FEBRUARY 16, 1989
1091
Counties for Road Construction and Maintenance, and for other transportation activities. Departmental 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 ........................................................ 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............................................
202,027,382 50,327,324
1,726,750 1,008,600 4,361,648 2,048,045 1,292,155 1,914,586 8,345,601 460,201,518 9,317,013 9,317,000
1,285,000
1,270,000 10,617,972
1,240,000
1,575,000 31,000,000 798,875,594 473,844,981
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
$ 513,967,980
$ 210,315,522
$
5,980,771
$
9,317,013
$
18,961,039
$ 758,542,325
$ 221,388,676
$ 198,120,826
$
5,305,771
$
9,317,013
$
18,631,039
$ 452,763,325
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 1,534,044
15,637,225
2,815,000 10,280,000 40,333,269
$
317,000
750,000 1,034,044
5,885,612
2,815,000 10,280,000 21,081,656
Section 40. Department of Veterans Service. Budget Unit: Department of Veterans
Service................................................... Departmental Operations Budget:
17,342,602
1092
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 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...................
4,376,930 105,096 89,000 0 90,300 4,142 218,397 58,500 45,400 0
10,444,943
5,396,062
118,000 20,946,770 17,342,602
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total
4,912,765
10,558,943
5,475,062 20,946,770
4,682,128
8,435,912
4,224,562 17,342,602
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.............................................
7,481,358
5,907,878 258,241 62,000 0 43,142 418,357 593,985 95,700 152,055
7,531,358 7,481,358
Section 42. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued).....................
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)........................
270,003,143 16,428,100
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
THURSDAY, FEBRUARY 16, 1989
1093
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 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 Judi cial 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 Administra tive Services. The Department of Administrative 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 Correc tions. From the Appropriations in Section 14, The Department of Corrections is authorized to hire six (6) additional positions at each Probation Detention Center for a total of firty four (54) positions at each center.
From the Appropriations in Section 14, the Department of Corrections is authorized to hire ten (10) additional positions in Food and Farm Operations.
The Georgia Correctional Industries Authority is authorized to construct a central office and warehouse.
Section 51. Provisions Relative to Section 16, State Board of Education - Department 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.
1094
JOURNAL OF THE HOUSE,
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 set
aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event 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 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 SPY 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 21, Department of Human Resources. The Department of Human Resourses 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.
THURSDAY, FEBRUARY 16, 1989
1095
Section 53. Provisions Relative to Section 27, 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.
For the purpose of increasing the employer contribution to the state employees health insurance fund from existing appropriations, there is hereby appropriated from each existing object class appropriation, from which such contributions have been funded, an amount equal to 125 percent of the employer contribution actually paid from such object class for the first quarter of Fiscal Year 1988-1989, and to the extent not so committed by rate increase, to remain appropriated for the general purposes of the object class.
Section 54. Provisions Relative to Section 28, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 28 (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 28.
From the appropriation in Section 28 (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 rc 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 28, 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 55. Provisions Relative to Section 32, Board of Regents, Univer sity 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 29, Department of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.
Section 57. Provisions Relative to Section 33, Department of Revenue. From the appropriation in Section 33 (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 58. Provisions Relative to Section 38, Department of Technical and Adult Education. None of the State funds appropriated in Section 38 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 59. Provisions Relative to Section 39, Department of Trans portation. 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.
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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 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 111, 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; 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 healthlmental 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 t h e Department of Labor. T h e 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 a n d 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 matter.
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.
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S e c t ~ c -6, 4. T o the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 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 by 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 Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each d e p a r t m e n t , 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 a t the time of the effective date of the aforesaid constitutional provisions, 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 a t 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.
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(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 r< 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 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. Provisions Relative to Section 42, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby
appropriated for debt service on bonds, the principal amounts of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.
A.) Maturities not to exceed sixty months:
Project/Purpose
Principal Amount
Debt Service
Computers Equipment and Furnishings
for Technical Schools Equipment for laundry at
Grace wood State School and Hospital Equipment for Revenue
Department
$
20,900,000
10,515,000
830,000 900,000
$
5,016,000
2,523,600
199,200 216,000
B.) Maturities not to exceed two-hundred forty months:
Project/Purpose
Principal Amount
Debt Service
Local School Construction Rock Removal at the Buford
Correctional Institution Hancock C.I. Purchase of facility for
Department of Corrections (Atlanta Advancement Center)
61,330,000 2,000,000 1,800,000
1,100,000
6,746,300 220,000 198,000
121,000
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1099
Treutlen Co. Correctional Institute
Warehouse facility for Middle Ga. C.I.
Paper Chemistry Facility for Georgia Institute of
Technology
3,900,000 900,000
6,000,000
429,000 99,000
660,000
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. TOTAL STATE FUND
APPROPRIATIONS State Fiscal Year 1989.................................................................................$ 6,399,179,662
Section 75. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 76. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Walker of the 115th moved that the House disagree to the Senate substitute to HB 118.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services.
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The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services.
The following Senate substitute was read:
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services; to state legislative intent with respect to use of tax proceeds; to provide for exemptions for certain food with respect to the levy or imposition of sales and use taxation; to change certain provisions relating to exemptions with respect to the levy or imposition of sales and use taxes; to provide for application of sales and use taxes with respect to certain sales of motor fuels; to provide for conforming changes with respect to imposition of taxes, collection from dealers, disposition of certain excess taxes, compensation of dealers for reporting and paying taxes, and payment of taxes by certain contractors; to provide that certain exemptions from the state sales and use tax shall not be applicable to the joint county and municipal sales and use tax or to the special county 1 percent sales and use tax and certain other local sales and use taxes; to change provisions relating to purposes for which the proceeds of the special purpose county local sales and use tax may be used; to delete provisions relating to the automatic repeal of the special purpose county local sales and use tax; to delete provisions limiting the maximum aggregate amount of taxes levied on rooms, lodgings, and accommodations furnished to the public; to provide for other matters relative to the foregoing; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It is the intention of the General Assembly that the revenue generated by the increase in the state sales and use tax provided for in this Act shall be used in part for general governmental purposes and in part for grants of funds to political subdivisions of the state to provide ad valorem tax relief. The General Assembly recognizes and intends that all such revenue is to be paid into the general fund of the state treasury and subject to the normal budgetary and appropriations process, but it is the intention of the General Assembly that a portion of such revenue shall be appropriated to fund such grants for ad valorem tax relief purposes.
Section 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (43) of Code Section 48-8-3, relating to exemptions regarding the state sales and use tax, which reads as follows:
"(43) Sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 except motor fuel other than gasoline purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title;", and inserting in its place a new paragraph (43) to read as follows:
"(43) Reserved;"
Section 3. Said title is further amended by striking "or" at the end of paragraph (52), by striking the period at the end of paragraph (53) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (53) of Code Section
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1101
48-8-3, relating to exemptions regarding the state sales and use tax, to be designated paragraph (54), to read as follows:
"(54) (A) The retail sale, use, or consumption of any food for domestic home consumption as defined by the federal food stamp program in Section 3 of the federal Food Stamp Act of 1977, as amended, 7 U.S.C.A. 2012(g). The exemption provided for in this paragraph shall not apply to retail sales or sales at retail of food transacted at any food service establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products, including restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called.
(B) The exemption provided for in subparagraph (A) of this paragraph shall not apply with respect to any local sales tax, local use tax, or local sales and use tax which is first levied or imposed before January 1, 1991, but shall apply with respect to any such tax which is first levied or imposed on or after January 1, 1991. For the purposes of this subparagraph, the taxes affected are any sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; or by or pursuant to Article 3 of this chapter. In addition, for purposes only of a reference to the state tax or this article in the laws imposing such local sales and use taxes, the state sales and use tax levied or imposed by this article shall be deemed not to include the exemption provided for in subparagraph (A) of this paragraph, notwithstanding any provision to the contrary in the laws imposing such taxes. For the purposes of this subparagraph, a tax shall be considered to be levied or imposed on or after January 1, 1991, if: (i) the same tax or a similar tax was imposed prior to that date; (ii) the tax imposed prior to that date, under the terms of the law authorizing the tax, expires on or after January 1, 1991; and (iii) the same or a similar tax is on or after such expiration reimposed on or after January 1, 1991, with or without any intervening period of time."
Section 4. Said title is further amended by adding a new Code section immediately following Code Section 48-8-3, to be designated Code Section 48-8-3.1, to read as follows:
"48-8-3.1. (a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article.
(b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article."
Section 5. Said title is further amended by striking Code Section 48-8-30, relating to the imposition of the state sales and use tax, and inserting in its place a new Code Section 48-8-30 to read as follows:
"48-8-30. (a) There is levied and imposed a tax on the retail purchase, retail sale, rental, storage, use, or consumption of tangible personal property and on the services described in this article.
(b) (1) Every purchaser of tangible personal property at retail in this state shall be
liable for a tax on the purchase at the rate of 3 4 percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as
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provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person making a sale or sales of tangible personal property at retail in this state shall be a retailer and a dealer and shall be liable for a tax on the sale at the rate of 3 4 percent of the gross sale or gross sales, or the amount of taxes collected by him from his purchaser or purchasers, whichever is greater.
(2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail.
(c) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 3 4 percent of the cost price or fair market value of the property, whichever is the lesser. This subsection shall not be construed to require a duplication in the payment of the tax. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state.
(d) (1) Every person to whom tangible personal property in the state is leased or rented shall be liable for a tax on the lease or rental at the rate of 3 4 percent of the gross lease or rental charge. The tax shall be paid to the person who leases or rents the property by the person to whom the property is leased or rented. A person who leases or rents property to others as a dealer under this article shall remit the tax to the commissioner as provided in this article. When received by the commissioner, the tax shall be a credit against the tax imposed on the person who leases or rents the property to others. Every person who leases or rents tangible personal property in this state to others shall be a dealer and shall be liable for a tax on the lease or rental at the rate of 3 4 percent of the gross lease or rental proceeds, or the amount of taxes collected by him from persons to whom he leases or rents tangible personal property, whichever is greater.
(2) No lease or rental shall be taxable to the person who leases or rents tangible property to another which is not taxable to the person to whom the property is leased or rented.
(3) The lessee of both taxable and exempt property in this state under a single lease agreement containing a lease period of ten years or more shall have the option to discharge in full all sales and use taxes imposed by this article relating to the tangible personal property by paying in a lump sum 3 4 percent of the fair market value of the tangible personal property at the date of inception of the lease agreement in the same manner and under the same conditions applicable to sales of the tangible personal property.
(e) Upon the first instance of use within this state of tangible personal property leased or rented outside this state, the person to whom the property is leased or rented shall be a dealer and shall be liable for a tax at the rate of 3 4 percent of the rental charge paid to the person who leased or rented the property, subject to the credit authorized for like taxes previously paid in another state.
(f) (1) Every person purchasing or receiving any service within this state, the purchase of which is a retail sale, shall be liable for tax on the purchase at the rate of 3 4 percent of the gross charge or charges made for the purchase. The tax shall be paid by the person purchasing or receiving the service to the person furnishing the service. The person furnishing the service, as a dealer under this article, shall remit the tax to the commissioner as provided in this article; and, when received by the commissioner, the tax shall be a credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a retail sale, shall be a dealer and shall be liable for a tax on the sale at the rate of 3 4 percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him from the person to whom the service is furnished, whichever is greater.
(2) No sale of services shall be taxable to the person furnishing the service which
is not taxable to the purchaser of the service.
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1103
(g) Whenever a purchaser of tangible personal property under subsection (b) of this Code section, a lessee or renter of the property under subsection (d) of this Code section, or a purchaser of tangible services under subsection (f) of this Code section does not pay the tax imposed upon him to the retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who rents involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved.
(h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business.
(i) The tax levied by this Code section is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied."
Section 6. Said title is further amended by striking Code Section 48-8-32, relating to collection of the tax from dealers, and inserting in its place a new Code Section 48-8-32 to read as follows:
"48-8-32. The tax at the rate of 3 4 percent of the retail sales price at the time of sale or 3 4 percent of the cost price at the time of purchase, as the case may be, shall be collectable from all persons engaged as dealers in the sale at retail, or in the use, consumption, distribution, or storage for use or consumption in this state of tangible personal property."
Section 7. Said title is further amended by striking Code Section 48-8-43, relating to disposition of certain excess taxes, and inserting in its place a new Code Section 48-8-43 to read as follows:
"48-8-43. When the tax collected for any period is in excess of 3 4 percent, the total tax collected shall be paid over to the commissioner less the compensation to be allowed the dealer."
Section 8. Said title is further amended by striking subsection (b) of Code Section 48-8-49, relating to dealers' sales and use tax returns and estimated tax liabilities, and inserting in its place a new subsection (b) to read as follows:
"(b) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his average monthly payments for the last fiscal year or his payment for the corresponding month of the last fiscal year. If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 per month for three consecutive months or more. No local sales taxes shall be included in determining any estimated tax liability."
Section 9. Said title is further amended by striking subsection (d) of Code Section 48-8-63, relating to payment of the tax by certain contractors, and inserting in its place a new subsection (d) to read as follows:
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"(d) (1) Any person who subcontracts with a general or prime contractor shall be liable under this article as a general or prime contractor. The general or prime contractor shall withhold up to 3 4 percent of the payments due the subcontractor arising out of the contract entered into between the general and prime contractor in satisfaction of any sales or use taxes owed this state.
(2) The prime or general contractor shall withhold payments as provided in paragraph (1) of this subsection until the subcontractor furnishes him with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 3 4 percent of the payments due the subcontractor under their contract, he shall become liable for any sales or use taxes due or owed this state by the subcontractor."
Section 10. Said title is further amended by striking Code Section 48-8-82, relating to the imposition and applicability of the joint county and municipal sales and use tax, and inserting in its place a new Code Section 48-8-82 to read as follows:
"48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of any food only to the extent provided for in paragraph (54) of Code Section 48-8-3."
Section 11. Said title is further amended by striking Code Section 48-8-110, relating to the imposition and applicability of the special county 1 percent sales and use tax, and inserting in its place a new Code Section 48-8-110 to read as follows:
"48-8-110. The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of any food only to the extent provided for in paragraph (54) of Code Section 48-8-3."
Section 11.1. Said title is further amended by striking subparagraph (a)(l)(E) of Code Section 48-8-111, relating to the imposition and purposes of the special purpose county sales and use tax, and inserting in its place a new subparagraph to describe a purpose for which proceeds of the tax may be used and to read as follows:
"(E) A capital outlay project or projects consisting of a one or more cultural facility facilities, a recreational facility facilities, or a historic facility facilities (or a facility one I SLore facilities for some combination of such purposes);"
Section 12. Said title is further amended by repealing in its entirety Code Section 48-8-122 which reads 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
THURSDAY, FEBRUARY 16, 1989
1105
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 13. Said title is further amended in Code Section 48-13-51, relating to local excise taxation of rooms, lodgings, and accommodations, by:
(1) Striking from the last sentence of paragraph (1) of subsection (a) the following: ", nor shall the aggregate amount of taxes levied upon the fees or charges for any
rooms, lodgings, or accommodations exceed 8 percent of the charge to the public for the furnishings"; (2) Striking from the first sentence of paragraph (3) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 10 percent"; (3) Striking from the first sentence of paragraph (4) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 11 percent"; (4) Striking from the first sentence of paragraph (5) of subsection (a) the following:
", and the aggregate amount of all taxes may be up to 12 percent"; and (5) Striking from the first and second sentences of paragraph (7) of subsection (a) the following:
'"aggregate taxes' and 'the aggregate amount of all taxes' shall mean all excise taxes, sales and use taxes, and other taxes imposed by a county or municipality, or both, which are imposed directly upon the transactions identified in paragraph (1) of this subsection. The terms".
Section 14. In the event that any other Act of the 1989 General Assembly amends Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, it is the intention of the General Assembly that the provisions of such other Act control over the provisions of this Act, except that it is the intention of the General Assembly that the increase in the rate of state sales and use taxation provided for in this Act shall not operate to decrease the maximum rate of taxes which may be imposed by local governments under said article as now existing or as it may be amended; and for this limited purpose, the provisions of this Act and particularly of this statement of intent shall control over the provisions of such other Act, notwithstanding any limitation on maximum aggregate amounts of taxation which may be contained in such other Act.
Section 15. This Act shall become effective on April 1, 1989, except that Section 11.1 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.
Representative Coleman of the 118th moved that the House disagree to the Senate substitute to HB 474.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
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JOURNAL OF THE HOUSE,
The Senate insists on its substitute to the following Bill of the House:
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1988-1989.
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 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1988-1989.
Representative Walker of the 115th moved that the House insist on its position in disagreeing to the Senate substitute to HB 118 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 Coleman of the 118th, Walker of the 115th and McDonald of the 12th.
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 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services.
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 474. By Representatives Dover of the llth, Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services.
THURSDAY, FEBRUARY 16, 1989
1107
Representative Coleman of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 474 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Dover of the llth, Coleman of the 118th and Smyre of the 92nd.
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 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1988-1989.
The President has appointed on the part of the Senate the following: Senators Starr of the 44th, Allgood of the 22nd and Kennedy of the 4th.
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 813 Do Pass, by Substitute
Respectfully submitted, Isl 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 Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 576 Do Pass, by Substitute HB 616 Do Pass
HB 725 Do Pass
HB 822 Do Pass SR 22 Do Pass, as Amended
JOURNAL OF THE HOUSE,
Respectfully submitted,
IS/ Colwell of the 4th
Chairman
Representative Kilgore of the 42nd District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
H B 757 Do Pass, by Substitute HB 758 Do Pass HR 190 Do Pass
HR 228 Do Pass H R 242 Do Pass SR 95 Do Pass
Respectfully submitted,
IS/Kilgore of the 42nd
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
T h e Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
H B 474. By Representatives Dover of the l l t h , Twiggs of the 4th, Crosby of the 150th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the rate of the tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible personal property and on certain services.
The President has appointed on the part of the Senate the following: Senators Turner of the 8th, Allgood of the 22nd and Starr of the 44th.
Pursuant t o HR 278, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 20, 1989.
MONDAY, FEBRUARY 20, 1989
Representative Hall, Atlanta, Georgia Monday, February 20, 1989
The House met pursuant to adjournment a t 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 Cleo Patrick Lacy, Pastor, Mount Zion Baptist Church, Griffin, 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 855. By Representative Royal of the 144th: A bill to amend an Act creating a new charter for the City of Camilla, so as to provide that a vacancy in the office of mayor or councilman shall be filled by special election.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 856. By Representative Royal of the 144th: A bill to amend an Act providing a new charter for the City of Funston, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
H B 857. By Representative Royal of the 144th: A bill to amend an Act incorporating the City of Sale City in Mitchell County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
1110
JOURNAL OF THE HOUSE,
HB 858. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 859. By Representatives Chance of the 129th and Floyd of the 154th:
A bill to amend an Act incorporating the City of Riceboro in Liberty County, so as to change the provisions relating to the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 860. By Representative Robinson of the 96th:
A bill to amend Code Section 7-4-18 of the Official Code of Georgia Annotated, relating to a criminal penalty for charging excess interest, so as to allow licensed pawnbrokers to charge a fee exceeding 25<f for the storage of property.
Referred to the Committee on Judiciary.
HB 861. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th, Steele of the 97th, Moultrie of the 93rd and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of said court; to change the provisions relating to the compensation of full-time assistant solicitors.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 862. By Representative Brooks of the 34th:
A bill to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to authorize public employees to organize into bargaining units and to bargain collectively; to provide for a short title; to define certain terms; to provide for the establishment of the Public Employees Relations Commission.
Referred to the Committee on Industrial Relations.
HB 865. By Representative Dixon of the 151st:
A bill to amend an Act providing a new charter for the City of St. Marys, so as to change the provisions relating to the filling of vacancies in the office of mayor or any councilmember.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 866. By Representative Murphy of the 18th:
A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Haralson County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 867. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Polk County.
Referred to the Committee on State Planning & Community Affairs - Local.
MONDAY, FEBRUARY 20, 1989
1111
HB 868. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to create a board of elections and registration for Polk County and provide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 869. By Representative Carrell of the 65th:
A bill to provide for the collection of an additional fee for the benefit of the Walton County Law Library on each case filed in the Magistrate Court of Walton County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 870. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act amending, consolidating, and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to establish the terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 871. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act creating a new charter for the City of Colbert, so as to establish the terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 872. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act incorporating the City of Ila in the County of Madison, so as to establish the terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 873. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1989, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.
HB 874. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act known as the "Newton County Water and Sewerage Authority Act," so as to change certain provisions relating to the membership of the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 875. By Representative Stancil of the 66th: A bill to create the Morgan County Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
1112
JOURNAL OF THE HOUSE,
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:
HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to provide that unless otherwise provided by concurrent resolution the General Assembly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays.
Referred to the Committee on Rules.
HB 877. By Representative Murphy of the 18th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to provide an expense allowance for members of the General Assembly renting or leasing rooms, lodgings, or accommodations during regular sessions under certain circumstances.
Referred to the Committee on Rules.
HB 878. By Representative Richardson of the 52nd:
A bill to amend Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions in the "Georgia Post-mortem Examination Act," so as to provide for a new definition and change a certain definition.
Referred to the Committee on Health & Ecology.
HB 879. By Representative Colbert of the 23rd:
A bill to amend Code Section 19-6-19 of the Official Code of Georgia Annotated, relating to revision of judgment for permanent alimony or child support, generally, so as to provide that cohabitation in a meretricious relationship with a person of the same sex shall be grounds for modification of alimony.
Referred to the Committee on Judiciary.
HR 295. By Representative Connell of the 87th:
A resolution authorizing and directing the conveyance of certain state owned property located in Richmond County, Georgia.
Referred to the Committee on State Institutions & Property.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 825 HB 826 HB 827 HB 828 HB 829 HB 830 HB 831
HB 832 HB 833 H B 834 H B 835 H B 839 H B 840 HB 841
MONDAY, FEBRUARY 20,1989
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 599 Do Pass HB 634 Do Pass, by Substitute
H B 743 Do Pass H B 773 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Lane of the 27th 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 790 do Pass, by Substitute HB 794 Do Pass HB 804 Do Pass HB 806 Do Pass HB 811 Do Pass HB 812 Do Pass HB 814 Do Pass
HB 815 Do Pass HB 816 Do Pass HB 821 Do Pass HB 820 Do Pass H B 823 Do Pass H B 824 Do Pass
Respectfully submitted, Is/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 20,1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:
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JOURNAL OF THE HOUSE,
HB 114 HB 193 HB 194 HB 203 HB 239 HB 247 HB 321 HB 341 HB 356 HB 375 HB 402 HB 437 HB 475 HB 606 HB 608 HB 613 HB 661
Child Welfare Agencies/Certain Day-Care Centers: Licensing Distress Merchandise Sales: Out of Business Sales, Etc.: Regulate Business License: Marriage and Family Therapist: Exempt Health Insurance: Termination of Policy: Notify Candidates: Qualifying Lists: Prohibitions Redevelopment Powers: Taxable Value: Definition Schools: Student Attend Where Parent Teaches Health Spas: Certain Contract Provisions Criminal Procedure: Law Office: Control Searches Teachers: On-The-Job Performance Test: Exemption Driver's Lie.: Persons Holding Class 1 Permits: Cert. Restrictions Motor Vehicle Insurance: Certain Premium Reductions Joint Municipal Employees Benefit System: Credit Unions Teachers: Health Insurance: Public Schoolteachers Public School Employees: Health Insurance: Definitions State Employees: Health Insurance: Full-Time Person Chiropractors: Certain Sales: Profits
SR 95 Battle Smith Bridge: Designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, Isl Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 790. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and council members.
The following Committee substitute was read and adopted:
A BILL
To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and council members; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, is amended by striking Section 5.10 and inserting in its place a new Section 5.10 to read as follows:
"Section 5.10. Mayor and council election, (a) For the purpose of electing the members of the city council, the City of Pelham is divided into two districts to be known as District 1 and District 2. The dividing line between the districts shall be as follows:
COMMENCING at the intersection of the west city limit boundary with Hand Avenue, run thence along Hand Avenue in an easterly direction to Mize Street, run thence in a northerly direction along Mize Street to A Street, run thence in an easterly direction along A Street to School Street, run thence in an easterly direction along School Street to Hurst Street, run thence in a southerly direction along Hurst Street to Church Street; run thence in a northerly direction along Church Street to Rome
MONDAY, FEBRUARY 20, 1989
1115
Street, run thence in a southerly direction along Rome Street to West Railroad Street, run thence in a southerly direction along West Railroad Street to Upson Street, run thence in an easterly direction along Upson Street to Glausier Street, run thence in a northerly direction along Glausier Street until said street intersects with northern city limits boundary. (b) All property lying to the north or west of the dividing line within the corporate boundaries shall be part of District 1. All property lying to the south or east of the dividing line within the corporate boundaries shall be part of District 2. Properties annexed into the corporate limits shall accordingly be classified as a portion of the respective district into which such properties fall based upon the line of demarcation. (c) Commencing with the election in 1987 and thereafter, the council shall be composed of seven members. Three council members shall be elected from District 1 and four council members shall be elected from District 2. Members of the council shall be elected for a term of two years and until their successors are elected and qualified. Only those persons residing within a district shall be qualified to vote for candidates for the city council from such district. (d) No person may qualify as a candidate for election to the council unless such person resides in the district from which he offers for election. A council member elected from a district must continue to reside in the district during the term of office. The mayor shall be a resident of the city. (e) The mayor, the council member from District 1, and the two council members from District 2 whose terms normally expire at the first organizational meeting in February, 1990, shall remain in office only until December 31, 1989, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1989, and biennially thereafter, the successors to such mayor, council member from District 1, and two council members from District 2 shall be elected and shall serve for a term of office of two years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. (f) The two council members from District 1 and the two council members from District 2 whose terms normally expire at the organizational meeting in February, 1991, shall remain in office only until December 31, 1990, and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1990, and biennially thereafter, the successors to such two council members from District 1 and two council members from District 2 shall be elected and shall serve for a term of office of two years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. (g) (1) Pursuant to Code Section 21-3-95 of the O.C.G.A., elections for mayor and council members shall be nonpartisan and there shall be no municipal primary elections.
(2) Pursuant to Code Section 21-3-407 of the O.C.G.A., elections for mayor and council members shall be by plurality vote."
Section 2. This Act is enacted pursuant to the authority provided for in Code Section 21-3-64 of the O.C.G.A.
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.
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JOURNAL OF THE HOUSE,
HB 794. By Representatives Colbert of the 23rd, Hasty of the 8th and Stancil of the 8th:
A bill to amend an Act reincorporating the City of Mountain Park and creating a new charter for said city, so as to change the provisions relating to the compensation of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
H B 804. By Representatives Thomas of the 69th and Watts of the 41st:
A bill to amend an Act providing a new charter for the City of Villa Rica in Carroll and Douglas counties, so as to change provisions relating to the election and terms of office of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 806. By Representative Hudson of the 117th:
A bill to amend an Act placing the sheriff of Pulaski County upon an annual salary, so as to change the salary provisions relating to deputy sheriffs.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 811. By Representatives Jamieson of the l l t h and Dover of the l l t h :
A bill to amend an Act incorporating the City of Toccoa, so as to change and extend 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.
H B 812. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd, Smyre of the 92nd and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the judges of such state court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 20, 1989
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
H B 814. By Representatives Thomas of the 69th, Jones of the 71st and Simpson of the 70th: A bill t o authorize the governing authority of Carroll County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies t o divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed
H B 815. By Representative Mohley of the 64th: A bill to amend an Act creating the Barrow County Water and Sewerage Authority, so as to provide for a change in the number and method of selecting members.
The report of the Committee, which was favorable t o the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. T h e Bill, having received the requisite constitutional majority, was passed.
H B 816. By Representative Chance of the 129th: A bill to amend an Act reincorporating the Town of Rincon, so as to change the provisions relating to terms of office and the election of the mayor and councilpersons.
The report of the Committee, which was favorable t o the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 820. By Representative Crosby of the 150th: A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.
T h e report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 821. By Representative Crosby of the 150th:
A bill to amend an Act creating a new charter for the City of Homeland in Charlton County, 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 823. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act granting a new charter to the City of Lavonia, so as to provide for municipal elections for the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 824. By Representative Mobley of the 64th:
A bill to amend an Act creating and establishing a joint airport authority for the City of Winder and the County of Barrow, so as to change the number and method of selecting members.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
tThe Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 295. By Senators Newbill of the 56th, Shumake of the 39th, Scott of the 36th and others:
A bill to amend an Act incorporating the municipality in Cobb County known as Chattahoochee Plantation, as amended, so as to annex to the corporate limits of said city certain territory within Fulton County; to provide for a referendum.
SB 327. By Senators Newbill of the 56th, Clay of the 37th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change certain costs and the provisions relating to costs in such court; to provide an effective date.
MONDAY, FEBRUARY 20, 1989
1119
SB 332. By Senators Baldwin of the 29th, Edge of the 28th and Garner of the 30th:
A bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, as amended, so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; to provide for an effective date.
HB 303. By Representative Colbert of the 23rd:
A bill to amend an Act establishing a Municipal Court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court.
HB 664. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th, Steele of the 97th, Moultrie of the 93rd and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to establish the commencement date of the terms of office of councilors following an election.
SB 63. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," so as to remove the responsibility for collecting certain civil support payments from the probation department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to remove the provision that probation supervisors may collect funds.
SB 211. By Senators Kennedy of the 4th and Dawkins of the 45th:
A bill to amend Code Section 42-9-16 of the Official Code of Georgia Annotated, relating to persons permitted to appear or practice before the State Board of Pardons and Paroles, so as to authorize certain persons to serve as representatives of attorneys in matters before said board.
SB 218. By Senators Johnson of the 47th, Peevy of the 48th and Howard of the 42nd:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for penalties; to provide an effective date.
SB 291. By Senators Fuller of the 52nd, Kidd of the 25th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chapter; to provide-for definitions; to repeal a provision relating to the authority of local governing authorities to license and regulate billiard rooms; to provide qualifications for persons operating billiard rooms.
SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by certain offices.
1120
JOURNAL OF THE HOUSE.
SB 322. By Senators Pollard of the 24th, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Code Section 15-21-73 of the Official Code of Georgia Annotated, relating to additional penalties to be imposed in certain criminal and traffic cases and upon violation of a bond for the purpose of funding peace officer and prosecutor training, so as to change the provisions relating to the amount of such additional penalties.
SB 326. By Senators Starr of the 44th, Kennedy of the 4th, Allgood of the 22nd and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:
SR 110. By Senator Dawkins of the 45th:
A resolution creating the Joint Study Committee on Cost Display on State Publications.
SR 116. By Senators Parker of the 15th, Scott of the 2nd and Deal of the 49th: A resolution proposing an amendment to Article 11, Section 11, of the Constitution, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection.
SR 140. By Senators Starr of the 44th, Allgood of the 22nd, Kennedy of the 4th and others: A resolution creating the Commission on Economy and Efficiency in State Government.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 652. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to appointment of new members to the water and sewer authority board of directors.
The Senate has agreed to the House amendment t o the Senate substitute to the following Bill of the House:
HB 301. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
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 provide for special license plates for commemorating colleges or universities; to provide that applications for such special license plates shall be made to the commissioner.
MONDAY, FEBRUARY 20,1989
1121
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 104. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-15 of the Official Code of Georgia Annotated, relating to The Council of Probate Court Judges of Georgia, so as to provide that under certain conditions such council may contract with a member of the council for the production of certain material and compensate said member for the production of such material.
The Senate has passed by the requisite constitutional majority the following Bill of the House:
HB 665. By Representatives Buck of the 95th, Smyre of the 92nd, Robinson of the 96th. Steele of the 97th, Moultrie of the 93rd and others:
A bill to amend an Act providing a charter for the county-wide government of Columbus, Georgia, so as to provide for five alternate members of the Personnel Review Board and authorize alternate members to act as regular members under certain circumstances.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 331. By Senators Burton of the 5th, Walker of the 43rd, Howard of the 42nd and others:
A bill to amend an Act creating a new charter for the City of Stone Mountain, as amended, so as to deannex certain territory from the corporate limits of said city.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 63. By Senators Garner of the 30th and Kennedy of the 4th:
A bill to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Uniform Reciprocal Enforcement of Support Act," so as to remove the responsibility for collecting certain civil support payments from the probation department of the court; to amend Code Section 42-8-32 of the Official Code of Georgia Annotated, relating to funds which may be collected by probation supervisors, so as to remove the provision that probation supervisors may collect funds.
Referred to the Committee on State Institutions & Property.
SB 211. By Senators Kennedy of the 4th and Dawkins of the 45th:
A bill to amend Code Section 42-9-16 of the Official Code of Georgia Annotated, relating to persons permitted to appear or practice before the State Board of Pardons and Paroles, so as to authorize certain persons to serve as representatives of attorneys in matters before said board.
Referred to the Committee on Judiciary.
1122
JOURNAL OF T H E HOUSE.
SB 218. By Senators Johnson of the 47th, Peevy of the 48th and Howard of the 42nd:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legislative intent; to provide for penalties; to provide an effective date.
Referred to the Committee on Judiciary.
S B 291. By Senators Fuller of the 52nd, Kidd of the 25th and Barnes of the 33rd:
A bill to amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to extensively revise said chapter; to provide for definitions; to repeal a provision relating to the authority of local governing authorities to license and regulate billiard rooms; to provide qualifications for persons operating billiard rooms.
Referred to the Committee on Industry.
SB 295. By Senators Newbill of the 56th, Shumake of the 39th, Scott of the 36th and others:
A bill to amend an Act incorporating the municipality in Cobb County known as Chattahoochee Plantation, as amended, so as to annex to the corporate limits of said city certain territory within Fulton County; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 297. By Senator Allgood of the 22nd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records for which public disclosure is not required, so as to provide that public disclosure is not required for certain records relating to the provision of staff services to individual members of the General Assembly by certain offices.
Referred to the Committee on Rules.
SB 322. By Senators Pollard of the 24th, Barnes of the 33rd, Dean of the 31st and others:
A bill to amend Code Section 15-21-73 of the Official Code of Georgia Annotated, relating to additional penalties to be imposed in certain criminal and traffic cases and upon violation of a bond for the purpose of funding peace officer and prosecutor training, so as to change the provisions relating to the amount of such additional penalties.
Referred to the Committee on Public Safety.
SB 326. By Senators Starr of the 44th, Kennedy of the 4th, Allgood of the 22nd and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require the Office of Planning and Budget to prepare an annual continuation budget report.
Referred to the Committee on Appropriations.
MONDAY, FEBRUARY 20, 1989
1123
SB 327. By Senators Newbill of the 56th, Clay of the 37th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change certain costs and the provisions relating to costs in such court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 331. By Senators Burton of the 5th, Walker of the 43rd, Howard of the 42nd and others:
A bill to amend an Act creating a new charter for the City of Stone Mountain, as amended, so as to deannex certain territory from the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 332. By Senators Baldwin of the 29th, Edge of the 28th and Garner of the 30th:
A bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, as amended, so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 110. By Senator Dawkins of the 45th:
A resolution creating the Joint Study Committee on Cost Display on State Publications.
Referred to the Committee on Rules.
SR 116. By Senators Parker of the 15th, Scott of the 2nd and Deal of the 49th:
A resolution proposing an amendment to Article II, Section II, of the Constitution, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Governmental Affairs.
SR 140. By Senators Starr of the 44th, Allgood of the 22nd, Kennedy of the 4th and others:
A resolution creating the Commission on Economy and Efficiency in State Government.
Referred to the Committee on Appropriations.
Representative Walker of the 115th assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
1124
JOURNAL OF THE HOUSE,
SR 95. By Senator Kidd of the 25th: A resolution designating the Battle Smith 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 Abernathy
Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M YBeck
Y Benefield YBenn
Y Birdsong Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
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
Coleman Y Colwell Y Connell
Couch Cox Crawford Y Crosby Y Cummings.B Cummings.M Y Davis.C Davis.G Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster
Y Godbee Goodwin
Y Green Y Greene
Gresham Y Griffin
Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee
Linder Y Long
YLord Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore
Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom
Ray Reaves Redding Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,?
Smith.T Y Smith,W Y Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall Y Ware
Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J
Yates Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 437. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th, Lucas of the 102nd, Pettit of the 19th and others:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to provide that insurers shall make available appropriate reductions in premiums paid for certain motor vehicle insurance coverages for persons successfully completing defensive driving courses through driver improvement clinics; to provide for rules and regulations.
The following Committee substitute was read and adopted:
MONDAY, FEBRUARY 20, 1989
1125
A BILL
To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as _o provide that insurers shall make available appropriate reductions in premiums paid for certain motor vehicle insurance coverages for persons successfully completing defensive driving courses through driver improvement clinics; to provide for rules and regulations; to provide for course content; to provide for certification for three-year periods; to provide for eligibility; to provide for reporting; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, is amended by striking in its entirety subsection (a) of Code Section 33-34-13, relating to rules and regulations affecting motor vehicle accident insurance, and inserting in its place a new subsection (a) to read as follows:
"(a) The Commissioner of Insurance shall adopt rules and regulations necessary for the implementation of this chapter with respect to insurers providing the insurance required in this chapter. The commissioner of public safety shall adopt rules and regulations necessary for the implementation of this chapter with respect to the maintaining of the insurance and proof of insurance required in this chapter and necessary to coordinate the defensive driving courses provided for in Code Section 33-34-16 with the programs under the authority of the Commissioner pursuant to Article 4 of Chapter 5 of Title 40."
Section 2. Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 33-34-16, to read as follows:
"33-34-16. (a) For each personal or family-type policy of motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer an appropriate reduction in premiums for motor vehicle liability, bodily injury, and collision coverages to the policyholder if the principal driver and all named drivers of each motor vehicle covered by such policy satisfies the requirements of subsection (b) of this Code section.
(b) Reductions in premiums shall be available if all drivers: (1) Have committed no traffic offenses for the prior three years; (2) Complete an eight-hour course in defensive driving from a driver improvement
clinic under the jurisdiction of the Department of Public Safety; and (3) Have had no claims based on fault against an insurer for the prior three years.
(c) Upon completion of the defensive driving course specified in paragraph (2) of subsection (b) of this Code section by all drivers, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided no driver under such policy commits a traffic offense or has a claim against the policy based on any such driver's fault.
(d) The Department of Public Safety shall assure through the supervision of driver improvement clinics that defensive driving courses shall be available and accessible to licensed drivers throughout the state.
(e) Each insurer providing premium discounts under this Code section shall report quarterly to the Commissioner the amounts of such discounts in a form acceptable to the Commissioner."
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 Abernathy
Y Adams
Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
1126
JOURNAL OF THE HOUSE,
Barnett.M Y Beck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks
Y Brown Y Buck
Buford YByrd
Y Carrell
Y Carter Y Chambless
Chance Y Cheeks
Y Childers Clark.B
Y Clark.H
Y Clark.L
Y Colbert Coleman Colwell
Y Connell
Y Couch
Cox
Crawford Y Crosby Y Cummings.B
Y Cummings.M
Y Davis.C
Davis.G Y Davis.M Y Dixon.H
Y Dixon,S
Y Dobbs Y Dover Y Dunn
Y Edwards
Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster Y Godbee
Good win
Y Green Y Greene
Gresham
Y Griffin
Groover Y Hamilton Y Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren
Y Hudson
Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D
Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
Y McDonald McKelvey
Y McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Morton Moultrie Y Mueller Oliver.C
Y Oliver.M
YOrr
Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield
Y Smith.L
Y Smith.P
Smith.T Y Smith,W
Y Smyre
YSnow Y Stancil.F
Y Stancil,S
Stanley Y Steele
Y Stephens Y Teper Y Thomas.C
Thomas.M
Y Thompson
Y Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spki
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.
HB 194. By Representatives Buck of the 95th, Robinson of the 96th and Steele of the 97th:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupational taxes generally, so as to exempt marriage and family therapists from the levy of any license, occupation, or professional tax by counties and municipalities.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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 Cox Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin YIsakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence
MONDAY, FEBRUARY 20, 1989
1127
Y Lawson Y Lee
Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Moore
Morton Moultrie Y Mueller Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom Y Ray
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L
Y Smith.P Smith.T
Y Smith.W Y Smyre Y Snow Y StanciLF Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 475. By Representative Watson of the 114th:
A bill to amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit System, so as to change the definition of employer to include certain credit unions.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit System, so as to change the definition of employer to include certain credit unions; 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 47-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the Joint Municipal Employees Benefit System, is amended by striking subparagraphs (H) and (I) of paragraph (9) in their entirety and substituting in lieu thereof new subparagraphs (H), (I), and (J) to read as follows:
"(H) Consolidated city-county governments of this state; or (I) The Municipal Gas Authority of Georgia, and any successor thereto, created pursuant to Article 4 of Chapter 4 of Title 46i ; or (J) A state or federally chartered credit union whose membership is comprised of municipal, county, or hospital authority employees."
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 Abernathy
Y Adams
Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett.B
1128
JOURNAL OF THE HOUSE,
Barnett,M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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
Coleman Colwell Y Connell Y Couch Cox Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis.C Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder YLong Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore
Y Morton Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,?
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Siemens Y Teper Y Thomas.C
Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams.J
Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to prohibit any person holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, so as to prohibit any person holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and temporary licenses, is amended by adding at the end thereof a new subsection, to be designated subsection (e), to read as follows:
"(e) Any person holding a Class 1 instruction permit issued pursuant to subsection (a) of this Code section who is convicted of any moving hazardous offense which resulted in an accident or a suspension of such Class 1 instruction permit shall not be authorized
MONDAY, FEBRUARY 20, 1989
1129
to apply for and receive a Class 1, 3, 4, or 5 driver's license unless such person completes a 12 month period of driving without committing any of the offenses enumerated in this subsection. This subsection shall not prohibit any person from reapplying for a subsequent Class 1 instruction permit."
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 Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Clark.L Colbert Coleman
Y Colwell Y Connell Y Couch
Cox Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
N Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker ,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 154, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Barnett of the 59th was off the floor when the roll call was ordered on the following Bills of the House:
HB 194 HB 437
HB 402 HB 475
He wished to be recorded as voting "aye" thereon.
HB 341. By Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances.
1130
JOURNAL OF THE HOUSE,
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, relating to provisions of the "Fair Business Practices Act of 1975," so as to provide for written contracts in health spa transactions; to require certain contractual provisions; to provide for rights of cancellation under certain circumstances; to provide procedures for cancellation; to provide for certain notices to be included in health spa membership contracts; to provide for refunds; to delete certain bonding requirements; to provide for review of health spa membership contracts by the administrator; 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. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the "Fair Business Practices Act of 1975," is amended by striking paragraph (12) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, in its entirety and inserting in its place a new paragraph (12) to read as follows:
"(12) Failing to comply with the provisions of Code Section 10-1-393.2 concerning health spas."
Section 2. Said part is further amended by adding immediately following Code Section 10-1-393.1, relating to office supply transactions, a new Code section to be designated Code Section 10-1-393.2, to read as follows:
"10-1-393.2. (a) Health spas shall comply with the provisions of this Code section. (b) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution and which shall show the date of the transaction and the name and address of the seller; provided, however, that no contract shall be valid which has a term in excess of 36 months. Contracts shall be renewable at the end of each 36 month period of time, at the option of both parties to the contract; (c) The contract or an attachment thereto shall state clearly any rules and regulations of the seller which are applicable to the consumer's use of the facilities or receipt of its services; (d) The contract shall state clearly on its face the cancellation and refund policies of the seller; (e) The health spa member shall have the right to cancel the contract within seven business days after the date of the signing of the contract by notifying the seller in writing of such intent and by either mailing the notice before 12:00 Midnight of the seventh business day after the date of the signing of the contract or by hand delivering the notice of cancellation to the health spa before 12:00 Midnight of the seventh business day following the date of the signing of the contract. The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer. If the health spa member so cancels, any payments made under the contract will be refunded and any evidence of indebtedness executed by the health spa member will be canceled by the seller, provided that the member shall be liable for the fair market value of services actually received, which in no event shall exceed $100.00. The preparation of any documents shall not be construed to be services. Each health spa contract shall contain the following paragraphs separated from all other paragraphs:
'You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the following address:
Name of health spa
Address
City, State, ZIP Code
MONDAY, FEBRUARY 20, 1989
1131
Do not sign this contract if there are any blank spaces above. In the event optional services are offered, be sure that any options you have not selected are lined through or that it is otherwise indicated that you have not selected these options. It is recommended that you send your cancellation notice by registered or certified mail, return receipt requested, in order to prove that you did cancel. If you do hand deliver your cancellation, be sure to get a signed statement from an official of the spa, acknowledging your cancellation.
To be effective, your cancellation must be postmarked by midnight, or hand delivered by midnight on ____________________________, 19__, and must include all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to you.' The health spa shall fill in the blank spaces in the above paragraph before the consumer signs the contract. In the event a consumer fails to provide with the cancellation notice all contract forms, membership cards, and any and all other documents and evidence of membership previously delivered, the health spa shall either cancel the contract or provide written notice by certified mail to the consumer that such documents must be provided within 30 days in order for the cancellation to be effective. In the event that the consumer provides the documents within 30 days, the contract shall be canceled as of the date on which the cancellation notice was delivered.
(f) In the event a health spa no longer offers a substantial service which was offered at the time of the initiation of the contract, or in the event a health spa which previously limited its membership to members of one sex should become coeducational or one which was previously coeducational should become limited to members of one sex, the member shall have 30 days from the time the member knew or should have known of the change to cancel the remainder of the membership and receive a refund. The refund shall be calculated by dividing the total cost of the membership by the total number of months under the membership and refunding the monthly cost for any months or fractions of months remaining under the membership. The contract shall contain a clause in at least ten-point boldface type which reads as follows:
'You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex and vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested.'
The provisions of this subsection shall not apply in any instance where a court has ordered that a change be made in the sexual character of the health spa. The administrator is authorized upon petition to issue a declaratory ruling under Code Section 50-13-11 as to whether any planned change in a health spa is a substantial change or whether alternate locations are substantially similar under this Code section. Such declaratory rulings shall be subject to review as under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(g) Every contract for health spa services shall contain a clause providing that if the member becomes totally and permanently disabled during the membership term, he may cancel his contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount equal to the value of services made available for use. This amount shall be computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The health spa shall have the right to require and verify reasonable evidence of total and permanent disability. For purposes of this subsection, 'total and permanent disability' means a condition which has existed or will exist for more than 45 days and which will prevent the member from using the facility to the same extent as the member used it before commencement of the condition.
(h) The health spa contract shall state that if a consumer has a history of heart disease, he should consult a physician before joining a spa.
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JOURNAL OF THE HOUSE,
(i) Every health spa contract shall comply with either paragraph (1) or paragraph (2) of this subsection:
(1) (A) The written contract used shall contain the following clause: 'Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.'
(B) All payments due under the contract must be in equal monthly installments spread over the entire term of the contract.
(C) There can be no payments of any type, including but not limited to, down payments, enrollment fees, membership fees, or any other direct payment to the health spa, other than the equal monthly installment payments.
(D) There can be no complimentary, compensatory, or other extensions of the term incident to the term of the contract, including but not limited to a promise of lifetime renewal for a minimal annual fee, provided that an agreement of both parties to extend the term of the contract to compensate for time during which the member could not fully utilize the spa due to a temporary physical or medical condition arising after the member joined shall not be considered to bring the spa into noncompliance under this paragraph; or (2) (A) The written contract used shall contain the following clause: 'Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the health spa at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.'
(B) The written contract shall contain the following statement in boldface type which is larger and bolder than any other type which is in the contract and in at least 14 point boldface, which statement must be separately signed by the consumer:
'NOTICE
State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this health spa ceases to conduct business. Health spas do not post a bond, and there may be no other protections provided to you should you choose to pay in advance.' (j) An alternate location for a health spa shall not be considered substantially similar if: (1) The original facility was limited to use by members of one sex and the alternate facility is used by members of both sexes; (2) The original facility was for use by members of both sexes and the alternate facility's use is limited to members of one sex; or (3) The size, facilities, equipment, or services available to the member at the alternate location are not substantially equal to or do not exceed the size, facilities, equipment, or services available to the member at the health spa location at which the contract was entered into. (k) Every contract for health spa services shall contain a clause providing that if the member dies during the membership term or any renewal term, his or her estate may cancel the contract and that the health spa is entitled to a reasonable predetermined fee in such event in addition to an amount computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months expired under the membership term. The contract may require the member's estate seeking relief under this subsection to provide reasonable proof of death. (1) (1) A health spa shall not enter or offer to enter into a health spa agreement with a consumer unless the health spa is fully operational and available for use. (2) For purposes of this subsection, 'fully operational and available for use' means that all of the facilities, equipment, or services which are promised at the time of
entering into the membership contract are operational and available for use at that
MONDAY, FEBRUARY 20, 1989
1133
time. Nothing contained in this subsection shall be construed to prohibit a health spa from selling a membership for existing services and facilities which can be converted at a later date to a membership for additional services and facilities, provided that:
(A) The additional services and facilities are fully operational and available for use at the time of the conversion;
(B) Additional consideration, other than just a nominal consideration, is required from the consumer under the terms of the conversion; and
(C) The member has until seven days following the date the additional consideration or a part of the additional consideration becomes due and owing to cancel the remainder of the contract and receive a refund computed by dividing the total cost of the membership by the total number of months under the membership and multiplying the result by the number of months remaining under the membership term. (3) The provisions of this subsection shall not apply if all of the following conditions are met:
(A) The health spa has submitted forms prescribed by the administrator requiring, in addition to whatever other information the administrator may require, as much detail as to the size, facilities, equipment, or services to be provided as the administrator may require;
(B) The health spa has obtained the approval in writing of the administrator to sell memberships to a health spa before it is fully operational and available for use;
(C) The health spa has agreed in writing with the administrator, on forms prescribed by the administrator, to deposit all funds obtained by selling memberships before a health spa is fully operational and available for use in a bank or trust company domiciled in the State of Georgia. Such deposits are to be held in safekeeping for release only upon authorization of the administrator. The bank or trust company must be approved by the administrator. The administrator may consult with the commissioner of banking and finance or with any of the employees of the commissioner of banking and finance regarding whether the bank or trust company should be approved and may disapprove the bank or trust company if he has reason to believe any deposits into the account might not be secure;
(D) Each deposit to the account established under this paragraph shall be identified by the name and address of the individual who purchased the membership. The bank or trust company and the health spa shall maintain a list of the deposits, their amount, and the name and address of the membership purchaser, which list shall be available to the administrator or for inspection or copying by the administrator's employees upon request;
(E) The condition of the account established under this paragraph shall be that no funds shall be released from the account to any person unless the administrator has certified in writing to the bank or trust company that either the health spa is fully operational and available for use or that the health spa has not complied and does not appear likely to comply with its obligation to make the health spa fully operational and available for use in accordance with the documents submitted to the administrator or in accordance with representations made to membership purchasers. No action may be maintained in any court against the administrator or any of his employees for any determination or as a consequence of any determination made by the administrator under this subparagraph unless the administrator's determination was a willful and wanton abuse of discretion given the facts and circumstances actually provided to the administrator in making this determination;
(F) If the administrator certifies to the bank or trust company that the health
spa is fully operational and available for use, then the funds in the account shall
be released to the health spa, along with any accrued interest. If the administrator
certifies to the bank or trust company that the health spa has not complied and
does not appear likely to comply with its obligation to make the health spa fully
operational and available for use, then the funds in the account shall be released
to the administrator on behalf of the individuals who purchased memberships prior
to the health spa's being fully operational and available for use. Any accrued inter-
est on the account shall be paid on a pro rata basis to the membership purchasers;
1134
JOURNAL OF THE HOUSE,
(G) Any costs imposed by the bank or trust company for administering the account shall be borne by the health spa; and
(H) The member shall have until seven business days following the date upon which the health spa becomes fully operational and available for use to cancel the contract and receive a full refund of any payments and the cancellation of any evidence of indebtedness, provided that the member shall be liable for the fair market value of any services actually received, which in no event shall exceed $50.00. The preparation of any documents shall not be construed to be services, (m) All moneys due the consumer under contracts canceled for the reasons contained in this Code section shall be refunded within 30 days of receipt of such notice of cancellation. (n) Any contract which does not comply with this Code section shall be void and unenforceable; no purchaser of any note associated with or contained in any health spa contract shall make any attempt to collect on the note or to report the buyer as delinquent to any consumer reporting or consumer credit reporting agency if there has been any violation by the health spa of subsections (b) through (m) or of subsection (o) of this Code section. Any attempt by any purchaser or by any agent of any purchaser to collect on the note or to report the buyer as delinquent as described in this subsection shall be considered an unfair and deceptive act or practice as provided in Code Section 10-1-393. (o) After November 15, 1989, no health spa contract shall be valid or enforceable unless the health spa operator has on file a statement signed by the administrator or his designee certifying that a copy of the contract is on file with the administrator and is in compliance with this part. Health spas may begin submitting a copy of their contract for approval by the administrator on July 1, 1989, and shall submit all contract changes thereafter for approval prior to entering or offering to enter into that contract with a consumer. In addition to any action which may be taken by the administrator under this part, and in addition to any recovery of a consumer in the private action provided for under this part, any consumer who has entered into a contract which has not been approved by the administrator prior to the date of the contract shall be entitled to recover as an additional penalty an amount equal to any amount paid plus any amount claimed owing on the contract. (p) In addition to any other penalties provided for in this part, any person who operates or aids or assists in the operation of a health spa in violation of any of the provisions of subsection (i) or (o) of this Code section shall be guilty of a misdemeanor. Each day of operation of a health spa in violation of subsection (i) or (o) shall be considered a separate and distinct violation. In addition to any other penalties provided in this part, any person who violates subsection (1) of this Code section shall be guilty of a felony. Each sale of a membership in violation of subsection (1) of this Code section shall be considered a separate and distinct violation. Each failure to place properly all of the funds generated from a particular membership agreement into a properly approved and established trust account shall be considered a separate and distinct violation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and lost:
Representative Ehrhart of the 20th moves to amend the Committee substitute to HB 341 as follows:
On line 24, page 2 replace "seven" with "third";
On line 29, page 2 replace "seventh" with "third";
On line 30, page 2 replace "seventh" with "third".
The Committee substitute was adopted.
MONDAY, FEBRUARY 20, 1989
1135
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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 Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
N Ehrhart Felton
Y Fennel Y Floyd Y Foster YGodbee
Y Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long
YLord Y Lucas
Y Lupton Y Mangum
Martin Y McCoy
Y McDonald Y McKelvey Y McKinney,B
Y McKinney.C Y Meadows
Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett
Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil,F Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper
Thomas.C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Martin of the 26th arose to a point of personal privilege and addressed the House.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 193. By Representatives Porter of the 119th, Jamieson of the llth and Coleman of the 118th:
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 regulate and license certain distress merchandise sales, going out of business sales, fire sales, and other similar sales.
The following Committee substitute was read and adopted:
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 certain definitions;
1136
JOURNAL OF THE HOUSE,
to prohibit certain distress merchandise sales, going out of business sales, and continuing to do business in certain circumstances as unfair or deceptive acts or practices and provide for exceptions thereto; 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, the "Fair Business Practices Act of 1975," is amended by adding immediately following paragraph (3) of subsection (a) of Code Section 10-1-392, relating to definitions, a new paragraph to read as follows:
"(3.1) 'Distress merchandise sale' means any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a fire sale, smoke or water damage sale, adjustment sale, insurance salvage sale, mortgage sale, adjuster's sale, or reorganization sale."
Section 2. Said part is further amended by adding following paragraph (5) of subsection (a) of Code Section 10-1-392, relating to definitions, a new paragraph to read as follows:
"(5.1) 'Going out of business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business, liquidating, selling his entire stock or 50 percent or more of his stock, selling out to the bare walls, selling because the person has lost his lease, selling out his interest in the business, selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt sale, save us from bankruptcy sale, insolvent sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale."
Section 3. Said part is further amended by striking "or" at the end of subparagraph (B) of paragraph (22) of subsection (b) of Code Section 10-1-393, prohibiting unfair or deceptive practices, by striking the period at the end of paragraph (23) of that subsection (b) and inserting in its place "; or", and by inserting immediately thereafter a new paragraph to read as follows:
"(24) (A) Conducting a distress merchandise sale for more than 60 days inclusive in any 12 month period; or
(B) (i) Conducting a going out of business sale for more than 90 days; or (ii) After the 90 day time limit in division (i) of this subparagraph has
expired, continuing to do business in any manner contrary to any representations which were made regarding the nature of the going out of business sale. (C) The prohibitions of this paragraph shall not extend to any of the following:
(i) Sales for the estate of a decedent by the personal representative or his agent, according to law or by the provisions of the will;
(ii) Sales of property conveyed by security deed, deed of trust, mortgage, or judgment or ordered to be sold according to the deed, mortgage, judgment, or order;
(iii) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under his control on or belonging to his real or personal estate and not purchased or sold for speculation;
(iv) All sales under legal process; (v) Sales by a pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law; or (vi) Sales of automobiles by an auctioneer licensed under the laws of the State of Georgia."
MONDAY, FEBRUARY 20, 1989
1137
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:
Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn
Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B
Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder YLong Y Lord
Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston
Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson
Y Sinkfield Y Smith,L Y Smith.P
Smith.T Y Smith, W
Smyre Y Snow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Y Walker.C Walker.L
Y Wall Y Ware Y Watson Y Watts Y White
Wilder Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 613. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to change the definition of the term "person who works full time"; to provide that coverage available under the state employees' health insurance plan shall be subordinated to the coverage available under such federal program.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
Benn Birdsong
1138
JOURNAL OF THE HOUSE,
Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B Y Clark.H
Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee
Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B McKinney.C Y Meadows Milam Y Mobley Y Moody Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
NPoag Y Porter Y Poston
Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T
Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend
Y Twiggs Y Vaughan Y Waddle
Y Walker.C Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder
Williams,B Y Williams,J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs:
SB 43. By Senator Kidd of the 25th:
A bill to amend Code Section 43-4A-16 of the Official Code of Georgia Annotated, relating to the signing of a contract prior to termination of an athlete's college eligibility under the "Georgia Athlete Agents Regulatory Act of 1988," so as to require an athlete agent to provide notification upon the signing of an athlete to an agent contract prior to the termination of the athlete's college eligibility.
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 606. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public schoolteachers' health insurance plan, so as to change the definition of the term "public schoolteacher"; to provide that contracts for health insurance for retiring public schoolteachers and their dependents shall be defined by regulations of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
MONDAY, FEBRUARY 20, 1989
1139
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey
Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch Y Breedlove 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
Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G N Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard
Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong
Lord Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston NPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Williams,B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 156, nays 2. The Bill, having received the requisite constitutional majority, was passed.
Representative Howren of the 20th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 608. By Representatives Childers of the 15th and Watson of the 114th:
A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the public school employees' health insurance plan, so as to change the definition of the term "public school employee"; to provide that coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available to retired or retiring public school employees.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield YBenn
Birdsong Bishop
Y Bostick Y Branch Y Breedlove
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 Cox Y Crawford Y Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel
,JOURNAL OF THE HOUSE.
Y Floyd
Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Grwver Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin Y Isakson Y Jacks0n.J
Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Laoe,R Y Langford Y Lawrence Y Lawson
Y Lee Y Linder Y Long
Y Lord Y Lucas
Y Lupton Y Maneum Y~ a r c n Y McCoy Y McDonald
Y McKinney,C Y Meadows
Milam Y Mobley Y Moody Y Moore
Y Morton Y Mooltrie
Y Mueller Oliver,C
Y Oliver,M Y Or1
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston N Poag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom Y Ray Y Reaves Y Redding
Y Richardson Y Ricketaon Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith,P
Smith,T Y Smith,W Y Smyre
Y Snow Y Stanci1,F Y Stanci1,S
Stanley Y Steele Y Stephens
Y Teper Y Thomas$ Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker,C
Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 159, nays 2. The Bill, having received the requisite constitutional majority, was passed.
HB 356. By Representatives Randall of the lOlst and Martin of the 26th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to control and regulate searches of law offices; to provide for searches and seizures of documentary evidence in the possession of an attorney; to provide for a definition; to provide standards and procedures for the issuance of warrants and the conduct of searches.
The following amendment was read and adopted:
Representative Martin of the 26th moves to amend HB 356 as follows: By striking on line 24 of page 1 the following: "films.".
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 Abernathy Y Adams Y Aiken Y Alford Y Allen
Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Y Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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 C1ark.L Y Colbert
Coleman Y Colwell Y Connell
Y Couch Cox Crawford
Y Crosby Y Cummings,B Y Cummings,M
Y~ a v i s ; ~ Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
MONDAY, FEBRUARY 20, 1989
Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y L~nder Y Long Y Lord
Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald
Y McKelvey Y McKinney,B Y McKinney,C
Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Mueller Oliver,C
Y Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Rainey
Y Randall Y Ransom Y Ray
Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T Y Smith,W
Y Smyre Y Snow Y Stanci1.F Y Stancil,S
Stanley Y Steele
Y Stephens Y Teper Y Thomas,C Y Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker,C
Walker,L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Due to mechanical malfunction, the vote of Representative Reaves of the 147th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Rules and referred to the Committee on Governmental Affairs:
SB 37. By Senators Peevy of the 48th, Dawkins of the 45th and Dean of the 31st:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Recall Act of 1989"; to provide for the recall of any public official on the grounds that such official has, while holding any public office, conducted himself or herself in a manner which relates to and adversely affects the administration of his or her current office and adversely affects the rights and interests of the public.
The Speaker assumed the Chair
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 247. By Representatives Croshy of the 150th and Royal of the 144th:
A bill to amend Code Section 36-44-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Redevelopment Powers Law," so as to change the definition of "taxable value".
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Y Aiken Y Alford Y Allen
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Beck Y Benefield
Y Benn Birdsong Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks
Y Brown Y Buck
Y Buford Y Byrd Y Carrell
1142
JOURNAL OF THE HOUSE,
Y Carter Y Chambless Y Chance Y Cheeks
Y Childen
Clark,B Y Clark,H Y Clark,L Y Colbert Y Coleman
Colwell Y Connell
Couch
Cox
Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G
Y Davis,M
Y Dixon,H Y Dixon,S
Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel
Y Floyd Y Foster Y Godbee
Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Groover
Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard
Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson
Y Irwin
Y Isakson Y JacksonJ
Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston
Y Lane,D
Y Lane,R Y Langford 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,B Y McKinney,C Y Meadows Y Milam Y Mobley Y Mwdy Y Moore Y Morton
Y Moultrie
Y Mueller
Oliver,C
Y Oliver,M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
Y Poag Y Porter
Y Poston
Y Powell
Y Rainey
Y Randall Y Ransom Y Ray
Reaves Y Redding
Y Richardson Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P
Smith,T
Y Smith,W Y Smyre
Y Snow Y Stanci1,F Y Stanci1,S
Stanley Y Steele Y Stephens Y Teper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Wa1ker.C Y~alker;~ Y Wall Y Ware Y Watson
Y Watts
Y White Wilder
Y Williams,B Y Williama,J Y Yates Y Yearein
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Due to mechanical malfunction, the vote of Representative Reaves of the 147th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 239. By Representatives Holmes of the 28th, Lee of the 72nd, Walker of the 115th and Connell of the 87th:
A bill to amend Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, so as to change certain provisions regarding the posting of certain lists of qualified candidates; to provide for criminal penalties; to change certain provisions regarding the certification of political party candidates.
The following Committee substitute was read and adopted:
A BILL
T o amend Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, so as to change certain provisions regarding the posting of certain lists of qualified candidates; to provide for criminal penalties; to change certain provisions regarding the certification of political party candidates; to repeal conflicting laws; and for other purposes.
BE I T ENACTED BY T H E GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, is amended by striking subsection (d) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (d) to read as follows:
"(d) 112 Within one hour after the qualifications have ceased, the county executive
committee of each political party shall post a t the county courthouse a list of all
MONDAY, FEBRUARY 20, 1989
1143
candidates who have qualified with such executive committee, and the state executive committee of each political party shall post a list of all candidates who have qualified with such committee a t the courthouse of the county in which such executive committee's office is located.
(2) Except as otherwise provided in Code Section 21-2-154, it shall unlawful for 3 person to add or remove any candidates from either of the lists provided for
paragraph (1) of this subsection following the posting of such lists unless such candi-
- dates - have d- ied, withdrawn, or been disqualified. Any person who violates this paragraph shall be guilty of a misdemeanor."
Section 2. Said part is further amended by striking Code Section 21-2-154, relating to certification of political party candidates, and inserting in its place a new Code Section 21-2-154 to read as follows:
"21-2-154. At or before 12:OO Noon on the fifth day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who
have qualified with such committee for the succeeding general primary election. &
candidate whose name does not appear on the list of candidates posted by a county
executive committee or the state executive committee pursuant subsection (d) of Code
Section 21-2-153 shall not be certified under this Code section; provided, however, that
- the - name of a candidate who has properly qualified whose name has been left off of the
list of candidates through inadvertence or clerical error may be placed upon such list
upon the filing of an affidavit by the county executive committee or the state executive committee, appropriate, attesting to such inadvertence or error. Such certification shall be accompanied by one-half of the qualifying fees paid by such candidates as prescribed in Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 321. By Representatives S t e p h e n s of the 68th, Thurmond of the 67th and Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a teacher.
The following substitute, offered by Representative Stephens of the 68 was read:
A BILL
T o amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a teacher; to provide for implementation procedures; to repeal conflicting laws; and for other purposes.
1144
JOURNAL OF T H E HOUSE.
BE I T ENACTED BY T H E GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, is amended by striking Code Section 20-2-293,
relating to a student attending school outside the system of residence, in its entirety and
inserting in lieu thereof a new Code Section 20-2-293 to read as follows:
"20-2-293. (a) The provisions of this article and other statutes to the contrary notwithstanding, the State Board of Education is authorized to provide a procedure
whereby a student shall, for such compelling reasons and circumstances as may be speci-
fied by the state board, be permitted to attend and to be included as an enrolled
student in the public schools of a local unit of administration other than the local unit
of administration wherein the student resides for the purpose of allotting state funds
under this article, notwithstanding absence of an agreement between the two local units
and a refusal by the board of education of the local unit wherein the student resides
to approve voluntarily such transfer of the student to the public schools of the other
local unit; provided, however, that the board of education of the local unit is willing to
receive and to permit such student to enroll in and to attend the public schools of such
local unit. The state board shall adopt such rules, regulations, and policies as may be
necessary for implementation of this Code section. Grant or refusal of permission for
students to attend such schools, for the purpose of permitting state funds to follow such
students, shall be entirely discretionary with the state board and shall, in the absence
of a clear abuse of discretion by the state board, be final and conclusive. Local units
of administration may contract with each other for the care, education, and transporta-
tion of students and for such other activities as they may be authorized by law to per-
form.
(b) Notwithstanding
provisions of subsection (a) of this Code section or any
other general law, and except as provided by the General Assembly by local law, a
student shall be allowed to attend and be enrolled in the school in which a parent or
guardian of such student is a full-time teacher, notwithstanding the fact that such school
is not school
located system
in t- he - local- unit
of this state shall
of administration in which such student resides. Each
provide procedures to implement &t provisions of this
subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and lost:
Representative Poston of the 2nd moves to amend the Floor substitute to H B 321 as follows:
Page 2, line 22: Strike the word "the" and replace it with "a";
Between the words "in" and "which" add "the school system in"
Representatives Chambless of the 133rd, White of the 132nd and Cummings of the 134th move to amend the Floor substitute to HB 321 as follows:
By deleting on page 2 line 23 the words: "notwithstanding the fact that" and inserting in lieu thereof the following: "so long as"; and by deleting on page 2 line 24 the word "not"
The Floor substitute was adopted.
MONDAY, FEBRUARY 20, 1989
1145
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 Ahernethy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter N Chambless Y Chance Y Cheeks Y Childers N C1ark.B
Y Clark,H
Y Clark,L
Y Colhert
Y Coleman
Y Colwell
Y Connell
Y Couch
Cox Y Crawford Y Crosby
Y Cummings.B N Cummings.M Y Davis$ N Davis,G Y Davis.M Y Dixon,H N Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godhee Y Goodwin Y Green
Greene
Y Gresham
Y Griffin
Groover
Y Hamilton
Y Hanner
Y Harris
Y Hasty
Y Heard
Y Herbert
Y Holcomb N Holland N Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isaksnn Y Jackson2 Y Jackson,W
Y Jamieson
Y Jenkins
Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder
Y Long Y Lord N Lucas Y Lupton Y Mangum
Y Martin
Y McCoy
Y McDonald
Y McKelvey
McKinney,B
N McKinney,C Y Meadows
Y Milam
Y Mobley
Y Moody Y Moore
Y Morton Y Moultrie N Mueller
Oiiver,C
Y Oliver,M Y Orr Y Orrock Y Padgett N Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
Y Poag Y Porter
Y Poston
Y Powell N Rainey Y Randall Y Ransom
Y Ray
Reaves
Y Redding
Y Richardson
Y Ricketson Y Robinson N Royal Y Selman
Y Simpson
Y Sinkfield Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre Y Snow Y Stancil,F Y Stanci1,S
Stanley Y Steele Y Stephens Y Teper Y Thomas$ Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan N Waddle Y Walker,C N Walker,L Y Wall
Y Ware Y Watson Y Watts N White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 151, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Ricketson of the 82nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Due to mechanical malfunction, the vote of Representative Reaves of the 147th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 661. 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 and practice of chiropractors, so as to provide that chiropractors may receive profits from the sale of vitamins, minerals, or food supplements recommended by such chiropractors.
The following Committee substitute was read and adopted:
A BILL
T o amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope and practice of chiropractors, so as to provide that chiropractors may receive
1146
JOURNAL OF THE HOUSE,
profits from the sale of vitamins, minerals, or food supplements recommended by such chiropractors; to provide for related matters; to provide for compliance with other laws; to repeal conflicting laws; and for other purposes.
BE I T ENACTED BY T H E GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-9-16 of the Official Code of Georgia Annotated, relating
to the scope and practice of chiropractors, is amended by striking subsection (i) of said
Code section in its entirety and inserting in lieu thereof a new subsection (i) to read as
follows:
"(i) Chiropractors who have complied with this chapter may recommend the use of
vitamins, minerals, or food supplements. Any such recommendation of vitamins, min-
erals, 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 a t a profit any such vitamins,
minerals, or food supplements ~ t wet ek~e my pi&& fPeRt %he& d my sttek
Rtiftetrtk;efM-~efeeeffttfteft$e$RttPMttftg.-feeeffttftett$
my sttek
mme~& ~f b e d
without providing their generic name.
Nothing in this subsection
preclude compliance with Chapter 8 of Title 48, relating
the collection of sales and use taxes."
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 Ahernathy
Y Adams Y Aiken Y Alford Y Allen Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove 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 Colhert Y Coleman Y Colwell Y Connell Y Couch
Cox
Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Y Davis,G
Y Davis,M
Dixon,H Y Dixon,S Y Dohhs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd
Y Foster
Y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Grwver Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jacks0n.W
Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder
Y Long Y Lord Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Y Mueller
Oliver,C Y Oliver,M Y Orr Y Orrock
Y Padgett Y Pannell
Parham Y Parrish
Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston
Y Powell Y Rainey
Y Randall Y Ransom
y Ray Reaves
Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson
Y Sinkfield
Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolhert N Townsend N Twiggs Y Vaughan Y Waddle Y Walker$ Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 157, nays 2.
MONDAY, FEBRUARY 20, 1989
1147
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to mechanical malfunction, the vote of Representative Reaves of the 147th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
H B 203. By Representatives Dobbs of the 74th, Lane of the I l l t h , Porter of the 119th, Colwell of the 4th, Twiggs of the 4th and others:
A bill to amend Code Section 33-24-47 of the Official Code of Georgia Annotated, relating to notice of termination of insurance policies, so as to provide that notice of termination of accident and sickness insurance policies be dispatched to the insured not later than 60 days prior to the termination date of the policy.
The following Committee substitute was read and adopted:
A BILL
T o amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding policies and contracts of insurance generally, so as to provide that an insurer is required t o give a 60 day notice prior to cancellation or nonrenewal of an individual or group accident and sickness policy; to provide for definitions; to provide for exemptions; to repeal conflicting laws; and for other purposes.
BE I T ENACTED BY T H E GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding policies and contracts of insurance generally, is amended by inserting immediately following Code Section 33-24-47 a new Code Section 33-24-47.1 to read as follows:
"33-24-47.1. (a) This Code section shall apply only to policies of insurance insuring against loss resulting from sickness or from bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future governed by the provisions of Chapters 29 and 30 of this title.
(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 against loss resulting from sickness or from
bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future.
(3) 'Renewal' means issuance and delivery by an insurer or a n affiliate of such insurer of a policy superseding a t 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. (c) No notice of cancellation of a policy as to which this Code section applies shall be effective unless mailed or delivered as prescribed in Code Section 33-24-44; provided,
1148
JOURNAL OF THE HOUSE,
however, that the notice of cancellation required by subsection (b) of Code Section 33-24-44 shall be mailed or delivered not less than 60 days prior to the effective date of cancellation. The insurer shall provide the reason or reasons for such cancellation as required by Chapter 39 of this title.
(d) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the named insured. Such notice stating the time when nonrenewal will be effective, which shall not be less than 60 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by a t least first-class mail to the last address of record of the insured and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall provide the reason or reasons for nonrenewal as required by Chapter 39 of this title.
(e) Notice to the insured shall not be required by this Code section when a group or blanket accident and sickness policy is canceled by an insurer for nonpayment of any premium a t the expiration of the 31 day grace period as required by Code Section 33-30-4 or when an individual policy of accident and sickness insurance is canceled by an insurer for nonpayment of any premium a t the end of a grace period as required by paragraph (3) of subsection (b) of Code Section 33-29-3."
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 Abernathy
Y Adams Y Aiken
Alford Allen Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Ba1nett.B Y ~arnett;~ Y Beck Y Benefield Y Benn Y Birdsone
Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck Y Buford
Y Byrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y C1ark.B
Y Clark,H Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Croshy Y Cummings.B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobhs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord Y I.ucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney,B
Y McKinney,C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver,C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
Y Rainey Y Randall
Ransom Y Ray Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal
Selman Simpson
Y Sinkfield
Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre Y Snow Y Stancil,F Y Stanci1,S
Stanley Y Steele Y Stephens
Y Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker$ Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 163, nays 0.
MONDAY, FEBRUARY 20, 1989
1149
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Allen of the 127th 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.
H B 114. By Representatives Dixon of the 151st, Crosby of the 150th, Smith of the 152nd and Clark of the 13th:
A bill to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," so as to change the provisions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to register annually.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," so as to change the provisions relating to the licensing and inspection of private and public child welfare agencies and facilities; to provide that day-care centers operated as part of a local church ministry or a religious nonprofit school or a nonprofit religious charitable organization shall be authorized to be commissioned by the Department of Human Resources in lieu of obtaining a license from said department; to require commissioned day-care centers to operate in accordance with the same procedures, standards, rules, and regulations which are established for the operation of licensed day-care centers; to provide for the inspection of commissioned day-care centers; to provide under certain conditions for the granting of a temporary commission or a restricted commission for day-care centers; to provide a penalty for failure to be commissioned by the department; to provide for civil remedies against day-care centers which operate without being commissioned or in violation of certain laws or regulations; to redesignate certain provisions of law; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings which present special hazards to persons or property and which require certain construction and maintenance standards, so as to provide that a commissioned day-care center shall be considered a building which constitutes a special hazard to the life and safety of persons on account of fire or panic from fear of fire; to repeal conflicting laws; and for other purposes.
BE I T ENACTED BY T H E GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, known as the "Children and Youth Act," is amended by striking in its entirety Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, and inserting in lieu thereof a new Code Section 49-5-12 to read as follows:
"49-5-12. (a) 'Child welfare agency' means any child-caring institution, child-placing agency, maternity home, family boarding home, family day-care home, group day-care home, and day-care center.
(b) ( 1 ) Day-care centers operated as part of a local church ministry or a religious
nonprofit school or a nonprofit religious charitable organization shall notify the
department annually and be commissioned in lieu of being licensed. Commissioned day-care centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board for the operation of licensed
day-care centers. Any day-care center v e r a t e d as part of a local church ministry of
1150
JOURNAL OF THE HOUSE,
a religious nonprofit school or a nonprofit religious charitable organization may voluntarily elect to apply for a license as provided for in paragraph (2) of this subsection.
4i) AH (2) Except as provided in paragraph (1) of this subsection, all child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed or commissioned annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. The board shall develop and publish standards for licensing or commissioning of child welfare agencies. A license or commission issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by the licensed or commissioned agency as a part of its work, subject to this article and rules and regulations of the board.
42-) (3) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Human Resources Committee and the House Health and Ecology Committee.
43) (4) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care.
44) (5) After a family day-care home, group day-care home, or day-care center has been licensed, commissioned, or registered by the department as provided in this article, the facility shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that standards for food service have been incorporated in the regulations for licensing, commissioning, or registering such agencies.
4&) (6) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use.
46) (7) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home or day-care center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services.
4?) (8) Group day-care homes and day-care centers shall provide a minimum of
35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Day-care centers will be allowed to designate in writing to the department two one-hour periods daily during which 25
square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to 18 children prescribed by paragraph (18)
of Code Section 49-5-3, group day-care homes will be allowed to designate in writing
to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwith-
standing the limitation to six children prescribed by paragraph (8) of Code Section 49-5-3, a family day-care home operator may care for two additional children three
years and older for two designated one-hour periods daily. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply,
(c) The department shall assist applicants or licensees or persons holding commissions in meeting standards of the department and, if a licensee or person holding a
commission is, for any reason, denied renewal of a license or commission or if a license or commission is revoked or if any applicant for a license or commission cannot meet
department standards, the department shall assist in planning the placement of children, if any, in the custody of such child welfare agency in some other licensed or
MONDAY, FEBRUARY 20, 1989
1151
commissioned child welfare agency or assist in returning them to their own homes or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved.
(d) Application for a license or commission shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license or commission and upon presentation by the applicant of evidence that the child welfare agency meets the standards prescribed by the department, the department shall issue such child welfare agency a license or commission for a one-year period.
(e) If the department finds that any child welfare agency applicant does not meet standards prescribed by the department but is attempting to meet such standards, the department may, in its discretion, issue a temporary license or commission to such child welfare agency, but such temporary license or commission shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed standards of the department, the department may, in its discretion, reissue such temporary license or commission for one additional period not to exceed one year. As an alternative to a temporary license or commission, the department, in its discretion, may issue a restricted license or commission which states the restrictions on its face.
ferl) (f) The department shall refuse a license or commission upon a showing of: (1) Noncompliance with the Rules and Regulations for Day Care Centers, Family
Day Care Homes, or Group Day Care Homes as adopted by the Board of Human Resources which are designated in writing to the facilities as being related to children's health and safety;
(2) Flagrant and continued operation of an unlicensed or uncommissioned facility in contravention of the law; or
(3) Prior license or commission denial or revocation within one year of application. ff) (g) All licensed or commissioned child welfare agencies shall prominently display the license or commission issued to such agency by the department at some point near the entrance of the premises of such agency that is open to view by the public. (g) (h) The department's action revoking or refusing to renew or issue a license or commission required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act," except that only 30 days' notice in writing from the commissioner's designee shall be required prior to license or commission revocation and except that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would be detrimental to the physical or mental health of any child who will testify at that hearing. (h) Reserved. ft} Reserved. fj) Reserved. fk) (i) Child-caring institutions and child-placing agencies, when licensed in accordance with this Code section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care. Parents, guardians, custodians, or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care. 4t) (j) Child-placing agencies, in placing children in foster family homes, shall safeguard the welfare of such children by thoroughly investigating each such home and the character and reputation of the persons residing therein and shall adequately supervise each home during the period of care. All children placed in foster family homes shall, as far as is practicable, be placed with persons of the same religious faith as the children themselves or the children's parents. fm) (k) It shall be the duty of the department to inspect at regular intervals all licensed or commissioned child welfare agencies within the state, including all family boarding homes, foster family homes, and family day-care homes used by such agencies. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee or commissionee.
1152
JOURNAL OF THE HOUSE,
fn-} (1) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any child welfare agency or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require.
fa) (m) If abuses, derelictions, or deficiencies are found in the operation and management of any child welfare agency, they shall be brought immediately to the attention of the management of such agency; and if correctable, but not corrected within a reasonable time, the department shall revoke the license or commission of such agency in the manner prescribed in this Code section.
fp) (n) Each child welfare agency shall make an annual report of its work to the department in such form and at such time as the department shall prescribe. The department shall prepare and supply child welfare agencies with all forms needed for the purpose of providing the department with such information as may, from time to time, be required by the department.
iq) (o) Child welfare agencies and other facilities and institutions wherein children and youths are detained which are operated by any department or agency of state, county, or municipal government shall not be subject to licensure under this Code section, but the department may, through its authorized agents, make periodic inspections of such agencies, facilities, and institutions. Reports of such inspections shall be made privately to the proper authorities in charge of such agencies, facilities, or institutions. The department shall cooperate with such authorities in the development of standards that will adequately protect the health and well-being of all children and youths detained in such agencies, facilities, and institutions or provided care by them. The department may recommend changes in programs and policies and if, within a reasonable time, the standards established by the department and the recommendations of the department are not met, it shall be the duty of the commissioner to make public in the community in which such agency, facility, or institution is located the report of the above-mentioned inspection and the changes recommended by the department. If any serious abuses, derelictions, or deficiencies are found and are not corrected within a reasonable time, the commissioner shall report them in writing to the Governor.
(f) (p) Any child welfare agency that shall operate without a license or commission issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 for each such offense. Each day of operation without a license or commission shall constitute a separate offense.
(s) (q) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed by the department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in adoption proceedings.
ft) (r) The department may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of a child welfare agency without a license or commission or the continued operation of a child welfare agency in willful violation of this article or of any regulation of the department or in violation of any order of the board.
(s) The term [H^Qstid day-care center' shall include a commissioned day-care center and any references in this Code to a licensed day-care center, including criminal provisions applicable to licensed day-care centers, shall include and apply to commissioned day-care centers unless otherwise provided in this Code section."
Section 2. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating
to buildings which present special hazards to persons or property and which require certain construction and maintenance standards, is amended by striking in its entirety
MONDAY, FEBRUARY 20, 1989
1153
subparagraph (b)(l)(I) and inserting in lieu thereof a new subparagraph (b)(l)(I) to read as follows:
"(I) Group day-care homes and day-care centers required to be licensed or commissioned as such by the Department of Human Resources and in which at least seven children receive care. As used in this subparagraph, the term 'group day-care home' means a day-care facility subject to licensure by the Department of Human Resources where at least seven but not more than 12 children receive care; and the term 'day-care center' means a day-care facility subject to licensure or issuance of a commission by the Department of Human Resources where more than 12 children receive care. Fire safety standards adopted by rules of the Commissioner pursuant to Code Section 25-2-4 which are applicable to group day-care homes and day-care centers shall not require staff-to-child ratios; and".
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert
Coleman Y Colwell Y Connell
Y Couch Cox Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Hovvren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long YLord Y Lucas N Lupton Y Mangum N Martin Y McCoy
McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C N Oliver.M YOrr
N Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding N Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens
Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert N Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 163, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 375. By Representatives Smith of the 156th, White of the 132nd, Gresham of the 21st and Coleman of the 118th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional personnel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers.
1154
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional personnel employed in the public schools of this state, so as to provide an exemption from the requirement of an assessment to demonstrate satisfactory on-the-job performance for certain teachers; 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 20-2-200 of the Official Code of Georgia Annotated, relating to the certification, classification, and regulation of professional personnel employed in the public schools of this state, is amended by striking paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Before granting a renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification; provided, however, any applicant seeking certification in this state who qualifies for a professional teaching certificate at the baccalaureate degree level or higher and who has satisfactorily taught on a full-time basis in the public schools of this state or another state or in regionally accredited private schools for at least five years shall be exempt from the requirement of an assessment to demonstrate satisfactory on-the-job performance as required in this subsection. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210."
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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
Cox
Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford 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,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
MONDAY, FEBRUARY 20, 1989
1155
Y Smith.L Y Smith,? Y Smith.T
Y Smith.W
Y Smyre
YSnow Y Stancil.F
Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend
Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Coleman of the 118th arose to a point of personal privilege and addressed the House.
The following Resolutions of the House were read and adopted:
HR 296. By Representatives Adams of the 79th, Smith of the 78th, Jenkins of the 80th, Herbert of the 76th and Meadows of the 91st:
A resolution urging the Board of Regents of the University System of Georgia to convert Gordon College into a four-year college.
HR 297. By Representative Crosby of the 150th:
A resolution recognizing and congratulating the Clinch County Panthers football team.
HR 298. By Representatives Bishop of the 94th, Robinson of the 96th, Buck of the 95th, Steele of the 97th, Smyre of the 92nd and Moultrie of the 93rd:
A resolution commending Mr. Darryl E. Evans.
HR 299. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A resolution commending Mrs. Marjorie H. "Marty" Roberts.
HR 300. By Representatives Clark of the 20th, Vaughan of the 20th, Howren of the 20th, Atkins of the 21st, Thompson of the 20th and others:
A resolution commending Mr. Roger N. Hines.
HR 301. By Representatives Orrock of the 30th, Childers of the 15th, Groover of the 99th and Benn of the 38th:
A resolution commending Morgan C. Stanford.
HR 302. By Representative Redding of the 50th: A resolution commending the Reverend Riley Rucker.
HR 303. By Representative Reaves of the 147th:
A resolution commending the various electric membership cooperatives in this state.
1156
JOURNAL OF THE HOUSE,
HR 304. By Representative Bargeron of the 108th: A resolution commending Albert Thomas.
HR 305. By Representatives Barnett of the 59th, Breedlove of the 60th, Bannister of the 62nd, Lawson of the 9th, Mobley of the 64th and others:
A resolution urging the Board of Commissioners of Gwinnett County to take certain action.
HR 306. By Representative Hamilton of the 124th:
A resolution commending the Citizens and Agencies for Troubled Children Coalition.
HR 307. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth:
A resolution commending Roy Edgar Hamby.
HR 308. By Representatives Gresham of the 21st, Wilder of the 21st, Atkins of the 21st and Isakson of the 21st:
A resolution commending James Paul Wood II.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 309. By Representatives Gresham of the 21st, Alford of the 57th, McCoy of the 1st, Martin of the 26th, Waddle of the 113th and Heard of the 43rd:
A resolution commending Bobby Ross and inviting him to appear before the House of Representatives.
Representative Thurmond of the 67th arose to a point of personal privilege and addressed the House.
Representative Lucas of the 102nd arose to a point of personal privilege and addressed the House.
Representative McKinney of the 35th arose to a point of personal privilege and addressed the House.
Representative Orr of the 9th arose to a point of personal privilege and addressed the House.
Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 671 Do Pass, by Substitute
MONDAY, FEBRUARY 20, 1989
1157
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 151 Do Pass SB 187 Do Pass
Respectfully submitted, /s/ Pinkston of the 100th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 124 Do Pass, by Substitute HB 520 Do Pass, by Substitute
HB 733 Do Pass HB 864 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 75 Do Pass
Respectfully submitted, /s/ Cummings of the 17th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
1158
JOURNAL OF THE HOUSE,
HB 86 Do Not Pass HB 635 Do Pass
HB 723 Do Pass
HB 799 Do Pass SB 198 Do Pass, as Amended SB 249 Do Pass
Respectfully submitted, 1st Lane of the 27th
Chairman
The following communication from the Speaker was received and read:
House of Representatives Atlanta, Georgia
February 17, 1989
Mr. Paul Lynch Legislative Fiscal Office 434 State Capitol Atlanta, GA 30334
Dear Paul:
Pursuant to the provisions of the Official Code of Georgia Annotated 28-5-21, I am hereby appointing the following-named members of the House to the Fiscal Affairs Subcommittee:
Representative Tom Buck Representative William J. (Bill) Lee Representative Lauren McDonald Representative Larry Walker
TBM:aw
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Honorable Joe Frank Harris, Governor
Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael J. Bowers, Attorney General Mr. Hamilton McWhorter, Secretary of the Senate Mr. Glenn Ellard, Clerk of the House Mr. Rusty Sewell, Executive Counsel to the Governor Mr. G. W. Hogan, State Auditor House Information Office Above listed Representatives
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, FEBRUARY 21, 1989
1159
Representative Hall, Atlanta, Georgia Tuesday, February 21, 1989
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 Robert N. Murphy, Director, Covecrest Renewal Center, Tiger, 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 880. By Representative Hanner of the 131st: A bill to amend an Act providing a new charter for the City of Dawson, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 881. By Representatives Barnett of the 59th, Bannister of the 62nd, Wall of the 61st, Goodwin of the 63rd, Breedlove of the 60th and others: A bill to amend an Act creating the board of commissioners of Gwinnett County, so as to change the provisions regarding the composition of the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 882. By Representative Hanner of the 131st: A bill to amend an Act to provide a new charter for the Town of Sasser, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
1160
JOURNAL OF THE HOUSE,
HB 883. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act providing for a Gwinnett County Board of Registrations and Elections, so as to change certain provisions relating to the appointment of certain members.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 884. By Representative Hanner of the 131st:
A bill to amend an Act to provide a new charter for the City of Dawson, so as to change the provisions relating to the election of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 885. By Representative Reaves of the 147th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to continue the State Structural Pest Control Commission but provide for the later termination of the commission and the repeal of the laws relating thereto.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 886. By Representatives Oliver of the 53rd, Lawrence of the 49th, Baker of the 51st, Richardson of the 52nd, Teper of the 46th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 887. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of "private carrier" certain motor vehicles engaged in the harvesting or transportation of forest products.
Referred to the Committee on Motor Vehicles.
HB 888. By Representative Hanner of the 131st:
A bill to amend an Act incorporating the Town of Bronwood, so as to provide for the terms of office and date of election of the mayor and members of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 889. By Representatives McKinney of the 35th and McKinney of the 40th:
A bill to create the City of Atlanta Housing Authority Overview Committee and provide for its members, terms, vacancies, organization, purposes, and duties.
Referred to the Committee on State Planning & Community Affairs - Local.
TUESDAY, FEBRUARY 21, 1989
1161
HB 89U. By Representatives Athon of the 57th, Mangum of the 57th, Alford of the 57th and Dover of the llth:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to requirements for meetings of public agencies to be open to the public so as to provide that when the governing body of an agency elects officers from its own membership, such election may be by secret ballot.
Referred to the Committee on Rules.
HB 891. By Representative Thomas of the 69th:
A bill to amend Code Section 34-9-200.1 of the Official Code of Georgia Annotated, relating to rehabilitation benefits and effect of employee's refusal of treatment in workers' compensation cases, so as to provide that the employer, its insurer, or the injured employee shall assess the need for rehabilitation within a certain time period after notification of injury.
Referred to the Committee on Industrial Relations.
HB 892. By Representative Yeargin of the 14th: A bill to create the Oglethorpe County Water Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 893. By Representative Yeargin of the 14th:
A bill to create the Elbert County Richard B. Russell Development Authority and to authorize such authority to acquire, construct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 310. By Representatives Athon of the 57th, Mangum of the 57th, Bargeron of the 108th and Dover of the llth:
A resolution proposing an amendment to the Constitution to prohibit the General Assembly from enacting bills which become effective contingent upon appropriations or which have delayed effective dates of more than two years.
Referred to the Committee on Appropriations.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:
HB 894. By Representative Richardson of the 52nd:
A bill to amend Code Section 37-5-3 of the Official Code of Georgia Annotated, relating to definitions regarding community services for mentally retarded persons, so as to change a definition regarding mentally retarded individuals.
Referred to the Committee on Health & Ecology.
1162
JOURNAL OF THE HOUSE,
HB 895. By Representatives Chambless of the 133rd, Thomas of the 69th, Pettit of the 19th and Alien of the 127th:
A bill to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of periods of limitation, so as to provide that the period of limitation for filing an action for medical malpractice shall be tolled under certain circumstances if the injured person is delayed in obtaining medical information from a health care provider.
Referred to the Committee on Judiciary.
HB 896. By Representatives Padgett of the 86th, Connell of the 87th, Walker of the 85th and Cheeks of the 89th:
A bill to amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to change the title of the chairman to chairman-mayor.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 897. By Representatives Pannell of the 122nd, Hamilton of the 124th, Dixon of the 128th, Johnson of the 123rd and Alien of the 127th:
A bill to create the Chatham-Savannah Authority for the Homeless.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 898. By Representatives Chambless of the 133rd and Thomas of the 69th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages and conveyances to secure debts and liens, so as to provide recording procedures for filing canceled and satisfied debts to secure debt and related instruments; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior court, so as to change certain fees.
Referred to the Committee on Judiciary.
HB 899. By Representatives Kingston of the 125th and Pannell of the 122nd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for additional exemptions for certain aircraft and labor and materials for certain work thereon.
Referred to the Committee on Ways & Means.
HB 900. By Representatives Kingston of the 125th and Pannell of the 122nd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to define and clarify the meaning of the term "aircraft" for certain exemption purposes.
Referred to the Committee on Ways & Means.
TUESDAY, FEBRUARY 21, 1989
1163
HB 901. By Representatives Isakson of the 21st, Howren of the 20th, Gresham of the 21st, Vaughan of the 20th, Ehrhart of the 20th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 902. By Representatives Clark 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 the compensation of the chairman and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 903. By Representatives Carrell of the 65th, Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia, known as the Alcovy Judicial Circuit, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 904. By Representative Dunn of the 73rd:
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 for applicability of uninsured motorist coverage to certain vehicles; to provide that such coverage shall be applicable to compensatory damages recoverable by an insured.
Referred to the Committee on Insurance.
HR 311. By Representatives Bishop of the 94th and Smyre of the 92nd:
A resolution creating the Muscogee County Board of Education Study Committee.
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 855 HB 856 HB 857 HB 858 HB 859 HB 860 HB 861 HB 862 HHBB 886665
HB 867
HB 868
HB 869
HB 870
HB 871
HB 872
HB 873 HB 874 HB 875 HB 876 HB 877 HB 878 HB 879 up one 2H63
hB 2n
SB 218
SB 291
SB 295
SB 297
SB 322
1164
JOURNAL OF THE HOUSE,
SB 326 SB 327 SB 331 SB 332
SR 110 SR 116 SR 140
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 230 Do Pass HB 689 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman
Representative Patten of the 149th 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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 115 Do Pass SR 103 Do Pass
Respectfully submitted, /s/ Patten of the 149th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 876 Do Pass HB 877 Do Pass, by Substitute
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
TUESDAY, FEBRUARY 21, 1989
1165
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 853 Do Pass, as Amended SB 245 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th 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 778 Do Pass HB 791 Do Pass, by Substitute HB 825 Do Pass HB 826 Do Pass HB 827 Do Pass HB 828 Do Pass HB 829 Do Pass HB 830 Do Pass HB 831 Do Pass HB 832 Do Pass HB 739 Do Pass HB 834 Do Pass
HB 835 Do Pass
HB 840 Do Pass
HB 841 Do Pass
HB 851 Do Pass
HB 852 Do Pass
HB 854 Do Pass
SB
4 Do Pass
SB 11 Do Pass
SB 12 Do Pass
SB 161 Do Pass
SB 286 Do Pass, by Substitute
HB 575 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 21, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:
HB 218 HB 511 HB 611 HB 616
HB 620 HB 626 HB 628 HB 692 HB 702 HB 733 HB 743 HB 757
Witnesses: Competency of Child: Amend Provisions Insurance: Replacement Policy: Effective Date State Employees: Payroll Deductions: Confidentiality Probationers: Places of Residence: Reporting
Fire Departments: Minimum Requirements Athletic Trainers, Board of: Termination Date Post Secondary Voc. Ed.: Change Reference to Technical/Adult Ed. Agricultural Facility: Amend Definition Physicians, Etc.: Continuing Education Programs Guardian: Transfer Jurisdiction of Trust: Judge's Order Magistrate Courts: Jurisdiction Limited-Access Roads: Municipal Consent: Certain Exceptions
1166
JOURNAL OF THE HOUSE,
HB 758 HB 773 HB 799 HB 813 HB 864
State Tollway Authority: Sale of Notes and Bonds: Authorization Time-Share: Campsites: Availability Historical Preservation: Ordinances: Certain Exemptions Assessment of Prop. Accident & Sickness Ins. Coverage Act: Enact Human Resources: Certain Actions for Damages: Notice
HR 89 HR 190 HR 228 HR 242 HR 275
Baldwin County: Convey Property Peach Parkway: Designate Creek Indian Trail Scenic Highway: Designate Lightwood Knot Bridge: Designate Postsec. Voc. Ed. Lab. Eq. & Lib. Res. Needs Study Comm.: Create
SB 101 Crim. Justice Coordinating Council: Membership: St. School Supt.
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and recommitted to the Committee on State Planning and Community Affairs:
HB 840. By Representatives Clark of the 20th, Ehrhart of the 20th, Howren of the 20th and Gresham of the 21st:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to change the provisions regarding the appointment and election of members of the Authority and provide for qualifications and vacancies.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 575. By Representatives Sinkfield of the 37th and Benn of the 38th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to provide for additional criteria with respect to the creation of certain 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 roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins
Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Bargeron
Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck
Y Buford
YByrd Y Carrell
Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert Coleman Y Cohvel! Y Connell
Y Couch Cox Crawford
Y Crosby Cummings,B
Y Cummings.M
Y Davis,C Davis.G
Y Davis.M Dixon,H
Y Dixon,S Y Dobbs
Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover
Hamilton
TUESDAY, FEBRUARY 21, 1989
1167
Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore
Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell Rainey Randall Y Hansom
Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T
Y Smith.W Smyre
YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson
Y Watts White Wilder
Y Williams,B
Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 739. By Representative Holmes of the 28th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, so as to provide for certain rehabilitation as an eligible activity within certain commercial enterprise zones.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken
Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B
Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell
Y Couch Cox Crawford
Y Crosby Cummings.B
Y Cummings.M Y Davis.C
Davis,G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover
Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong
YLord Lucas Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Randall
Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.P Y Stancil,S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M
Y Thompson Thurmond
Y Titus Y Tolbert
Townsend Y Twiggs
1168
JOURNAL OF THE HOUSE,
Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware
Watson Y Watts
White
Wilder Y Williams.B Y Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 791. By Representative Ricketson of the 82nd:
A bill to amend an Act recreating the board of commissioners of Wilkes County, so as to change the provisions relating to the compensation of the chairman and members of the board.
The following Committee substitute was read and adopted:
A BILL
To amend an Act recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, so as to change the provisions relating to the compensation of the chairman and members of the board; to provide for participation in and receipt of certain benefits; to provide that the chairman shall be the road superintendent; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, is amended by striking Section 4 and inserting in its place a new Section 4 to read as follows:
"Section 4. Chairman: Compensation; Duties, (a) The chairman of said board shall receive for his services the sum of $2,400.00 per year, payable monthly at the rate of $200.00.
(b) Effective January 1, 1991, the chairman of said board shall not receive the salary provided for in subsection (a) of this section but in lieu thereof shall receive an annual salary of $33,000.00 to be paid in equal monthly installments from the funds of Wilkes County for the performance of his duties as chairman and as road superintendent. This salary shall be increased by the same percentage increase and at the same time as that received by the sheriff of Wilkes County from time to time. The chairman of said board shall, during his term of office, devote his full time to his duties as chairman and road superintendent."
Section 2. Said Act is further amended by adding two new sections immediately following Section 4, to be designated Sections 4A and 4B, respectively, to read as follows:
"Section 4A. Board Members: Compensation. Each member of said board other than the chairman shall receive for his services the sum of $200.00 per month payable from the funds of Wilkes County.
Section 4B. Board: Insurance. The chairman and each member of the board shall be entitled to participate in and receive group health and life insurance benefits in the same manner as provided for employees of the county."
Section 3. Said Act is further amended by striking Section 6 and inserting in its place a new Section 6 to read as follows:
"Section 6. Road Superintendent. The chairman of the board of commissioners shall be the road superintendent and shall be responsible for making road surveys, investigation, discovery, analyzing road building materials, and building bridges and establishing and reestablishing roads. In order to enable the chairman to discharge his duties as road superintendent, the board of commissioners shall select and systematically employ an adequate work force of contract labor and prison labor and shall provide adequate
TUESDAY, FEBRUARY 21, 1989
1169
machinery and equipment for the purpose of building new roads and maintaining existing public roads in said county. In the employment of the work force, the board shall accept the recommendations of the road superintendent as to persons employed as members of the work force."
Section 4. (a) Except as provided in subsection (b) of this section, this Act shall become effect'"? ^n 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.
(b) Section 3 of this Act shall become effective January 1, 1991.
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:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcotn Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Cummings.B Y Cummings.M Y Davis.C Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson.J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinks ton YPoag Y Porter Y Poston Y Powell Rainey Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 825. By Representative Holland of the 136th:
A bill to amend an Act incorporating the Town of Sumner, so as to provide for municipal elections.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1170
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Cummings.B Y Cummings.M Y Davis.C Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell Rainey Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 826. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act to provide for the election of members of the board of education of Turner County, so as to provide a method for filling a vacancy on 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 roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B Y Clark.H Y Clark,L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Cummings.B Y Cummings.M Y Davis.C Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W
TUESDAY, FEBRUARY 21, 1989
1171
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under
Y Long YLord
Lucas Lupton Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Parham
Y Parrish Patten Pettit Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey Randall
Y Ransom Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson
Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,?
Smith.T Y Smith.W
Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 827. By Representatives Holland of the 136th and Hudson of the 117th: A bill to provide a board of elections for Turner 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 roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H
Y Clark.L Colbert Coleman
Y Colwell Y Connell Y Couch
Cox Crawford
Y Crosby Cummings.B
Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham
Y Griffin Y Groover
Hamilton Y Manner Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson, W
Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Y Linder YLong YLord
Lucas Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock
Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Rainey
Randall Y Ransom
Ray Y Reaves
Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
On the passage of the Bill, the ayes were 135, nays 0.
Y Sinkfield Y Smith,L Y Smith,?
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
1172
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 828. By Representatives Ray of the 98th and Jenkins of the 80th:
A bill to provide for the collection of an additional fee for the benefit of the Crawford County Law Library on each case filed in the Magistrate Court of Crawford 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 roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford Y Byrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Cummings.B Y Cummings,M Y Davis.C Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell Rainey Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith,W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 829. By Representative Ray of the 98th:
A bill to provide for the collection of an additional fee for the benefit of the Peach County Law Library on each case filed in the Magistrate Court of Peach 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 roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot
Bargeron Y Barnett,B
TUESDAY, FEBRUARY 21, 1989
1173
Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby
Cummings.B Y Cummings.M
Y Davis.C
Davis.G
Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Dover
Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover
Hamilton
Y Hanner Y Harris
Y Hasty
Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson
Y Irwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D
Y Lane.R
Y Langford
Y Lawrence
Y Lawson YLee Y Linder YLong Y Lord
Lucas
Lupton
Mangum
Y Martin
Y McCoy
Y McDonald
Y McKelvey
Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore
Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Patten Pettit
Pinkston YPoag
Y Porter
Y Poston
Y Powell Rainey
Randall
Y Ransom Ray
Y Reaves
Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith,W
Smyre
YSnow
Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend
Y Twiggs
Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Yates
Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 830. By Representative Porter of the 119th:
A bill to amend an Act providing and establishing the charter of the Town of East Dublin, so as to provide that the mayor shall not have the authority and power to pardon, suspend, or commute the sentence of any person for a violation of any ordinance of said town.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick
Y Branch
Y Breedlove Y Brooks
Brown
Y Buck Y Buford Y Byrd
Y Carrell Carter
Y Chambless Y Chance Y Cheeks
Y Childers
Y Clark.B Y Clark.H Y Clark.L
Colbert Coleman Y Colwell
Y Connell Y Couch
Cox
Crawford
Y Crosby
Cummings.B Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon,S
Y Dobbs
Dover
YDunn
Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham
Y Griffin
Y Groover Hamilton
Y Hanner Y Harris Y Hasty
Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson
Y Irwin
Isakson
Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R
Y Langford Y Lawrence
Y Lawson
Y Lee
Y Linder
YLong
YLord
Lucas
Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
1174
JOURNAL OF THE HOUSE,
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Parham
Y Parrish Patten Pettit Pinkston
YPoag Y Porter
Y Poston Y Powell
Rainey
Randall Y Ransom
Ray
Y Reaves Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F
Y Stancil,S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert
Townsend
Y Twiggs Y Vaughan
Y Waddle Y Walker.C
Walker,L Y Wall
Ware Watson
Y Watts White Wilder
Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 831. By Representatives Hamilton of the 124th, Kingston of the 125th, Pannell of the 122nd, Dixon of the 128th, Mueller of the 126th and others:
A bill to amend an Act providing for the determination of the millage rate by the governing authorities of Chatham County, the City of Savannah, all municipalities within Chatham County which levy ad valorem property taxes, and the independent school system of Chatham County and the City of Savannah, so as to provide for additional 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 roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Y Alien Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck
Y Benefield Benn
Y Birdsong Y Bishop
Y Bostick Y Branch
Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd
Y Carrell Carter
Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell
Y Connell Y Couch
Cox Crawford Y Crosby Cummings.B Y Cummings.M Y Davis.C Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson
Y Jackson.J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee Y Under YLong YLord
Lucas Lupton Mangum Y Martin Y McCoy Y McDonald
Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell Rainey Randall Y Ransom Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
On the passage of the Bill, the ayes were 135, nays 0.
Y Sinkfield
Y Smith.L Y Smith.P
Smith.T
Y Smith.W Smyre
YSnow Y Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Y Walker.C Walker.L
Y Wall Ware Watson
Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
TUESDAY, FEBRUARY 21, 1989
1175
The Bill, having received the requisite constitutional majority, was passed.
HB 832. By Representative Holland of the 136th:
A bill to amend an Act to create and establish a new charter for the City of Poulan, so as to provide for municipal elections.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy
Y Adams Aiken
Y Alford Y Alien
Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron
Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell
Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox
Crawford Y Crosby
Cummings,B Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under
YLong YLord
Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B
Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 834. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act changing the compensation of the coroner of Whitfield County, so as to change the provisions relating to the compensation of the coroner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Bargeron
Y Barnett,B
1176
JOURNAL OF THE HOUSE,
Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks
Brown YBuck Y Buford
YByrd
Y Carrell Carter
Y Uhambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H
Y Clark.L
Colbert
Coleman
Y Colwell
Y Connell
Y Couch
Cox
Crawford
Y Crosby Cummings.B
Y Cummings.M
Y Davis.C Davis.G
Y Davis.M
Dixon.H
Y Dixon.S
Y Dobbs
Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee
Y Goodwin
Y Green Y Greene
Y Gresham
Y Griffin
Y Groover
Hamilton
Y Hanner
Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin
Isakson Y Jackson.J
Y Jackson.W Y Jamieson Y Jenkins
Y Johnson
Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
YLord Lucas
Lupton Mangum Y Martin
Y McCoy
Y McDonald
Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore
Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Patten Pettit Pinkston
YPoag
Y Porter
Y Poston
Y Powell
Rainey
Randall
Y Ransom
Ray Y Reaves
Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,P
Smith.T Y Smith.W
Smyre
Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens
Y Teper
Thomas.C
Y Thomas.M
Y Thompson
Thurmond
Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 835. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for staggered terms for the board of commissioners; to change the compensation of the clerk of the county commission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell
Carter
Y Chambless
Y Chance
Y Cheeks
Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox
Crawford
Y Crosby
Cummings.B
Y Cummings.M
Y Davis.C Davis.G
Y Davis.M
Dixon.H
Y Dixon,S
Y Dobbs Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham
Y Griffin
Y Groover
Hamilton
Y Hanner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson
Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas
Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey
Y McKinney.B
Y McKinney.C Y Meadows
Milam
Y Mobley
Y Moody Moore
Y Morton
TUESDAY, FEBRUARY 21, 1989
1177
Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston
YPoag
Y Porter
Y Poston
Y Powell Rainey Randall
Y Ransom Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil,F Y Stancil.S
Stanley
Y Steele
Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs
Y Vaughan Y Waddle
Y Walker,C Walker.L
Y Wall Ware
Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates
Y Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 841. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, so as to change the corporate limits of said city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins
Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd
Y Carrell Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch
Cox
Crawford Y Crosby
Cummings,B Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Under Y Long YLord
Lucas Lupton Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey
Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Y Smith.P Smith.T
Y Smith.W Smyre
Y Snow Y Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy .Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
1178
JOURNAL OF THE HOUSE,
HB 851. By Representative Parrish of the 109th:
A bill to amend an Act incorporating the City of Swainsboro, so as to change the day of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and councilmembers.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Cummings.B Y Cummings.M Y Davis.C Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell Rainey Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith,?
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 852. By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act providing a new charter for the City of Hinesville, so as to change the method of filling vacancies in the office of mayor or city council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Y Alien Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
TUESDAY, FEBRUARY 21, 1989
1179
Brown YBuck Y Buford
YByrd
Y Carrell Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H
Y Clark.L Colbert Coleman
Y Colwell
Y Connell Y Couch
Cox Crawford Y Crosby
Cummings.B
Y Cummings.M
Y Davis,C Davis.G
Y Davis,M Dixon.H
Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell Rainey
Randall Y Ransom
Ray Y Reaves
Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,?
Smith.T Y Smith.W
Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert
Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson
Y Watts White Wilder
Y Williams,B
Y Williams,J Y Yates Y Yeargin
Murphy .Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 854. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the coroner of Walker County on an annual salary, so as to change the provisions relating to the compensation of the coroner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy
Y Adams Aiken
Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett.M
YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby
Cummings.B Y Cummings.M Y Davis.C
Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Hanner
Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas
Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
1180
JOURNAL OF THE HOUSE,
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell Rainey Randall Y Ransom Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selraan Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L
Y Wall Ware Watson
Y Watts White Wilder
Y Williams.B
Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 4. By Senator Kidd of the 25th:
A bill to amend an Act placing the sheriff of Baldwin County on an annual salary, as amended, so as to change the provisions relating to the compensation of the sheriff; 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 Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Ccosby Cummings,B Y Cummings,M Y Davis.C Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morion Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell Rainey Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith,T Y Smith.W
Smyre Y Snow Y Sta.icil,F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 21, 1989
1181
SB 11. By Senator Kidd of the 25th:
A bill to amend an Act placing the judge of the Probate Court of Baldwin County upon an annual salary, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide for the compensation of certain successors to such office.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Carrell
Carter
Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Cummings,B Y Cummings,M Y Davis.C Davis.G Y Davis.M Dixon.H
Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover
Hamilton
Y Manner Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder Y Long YLord
Lucas Lupton Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Parham Y Parrish
Patten
Pettit Pinks ton
YPoag Y Porter Y Poston Y Powell
Rainey Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith.P
Smith.T
Y Smith.W Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L
Y Wall Ware Watson
Y Watts White Wilder
Y Williams.B Y WilliamsJ Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 12. By Senator Kidd of the 25th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Baldwin County into the office of tax commissioner of Baldwin County, as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Bargeron
Y Barnett.B
1182
JOURNAL OF THE HOUSE,
Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove
Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox
Crawford
Y Crosby
Cummings.B
Y Cummings.M
Y Davis.C Davis.G
Y Davis.M Dixon.H
Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren
Y Hudson
Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Mangum
Y Martin
Y McCoy
Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr
Y Orrock Y Padgett Y Pannell
Par ham
Y Parrish
Patten Pettit
Pinkston
YPoag
Y Porter Y Poston Y Powell
Rainey Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P
Smith.T Y Smith,W
Smyre
YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele
Y Stephens Y Teper
Thomas.C Y Thomas.M
Y Thompson
Thurmond Y Titus
Y Tolbert
Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts White Wilder
Y Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy ,Spki
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 161. By Senator Kidd of the 25th:
A bill to place the coroner of Baldwin County on an annual salary; to provide for the payment of such salary; to provide that fees, costs, commissions, allowances, moneys, and other emoluments and perquisites shall become the property of the county; to provide for the payment of such fees and allowances to the county; to require the coroner to submit a budget to the governing authority 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 roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy
Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M
YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell
Y Couch Cox Crawford
Y Crosby Cummings.B
Y Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon,S Y Dobbs
Dover Y Dunn
Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence
TUESDAY, FEBRUARY 21, 1989
1183
Y Lawson
Y Lee Y Linder Y Long Y Lord
Lucas Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows
Milam Y Mobley
Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Y Orr Y Orrock
Y Padgett Y Pannell
Parham Y Pari-ish
Patten
Pettit
Pinkston Y Poag
Y Porter
Y Poston Y Powell
Rainey Randall
Y Ransom Ray
Y Reaves Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson
Y Sinkfield Y Smith.L
Y Smith,?
Smith.T Y Smith.W
Smyre Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Steele
Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert
Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson
Y Watts White Wilder
Y Williams.B Y Williams,J
Y Yates
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 286. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for effective dates of such changes.
The following Committee substitute was read and adopted:
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 effective dates of such changes; 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 paragraphs (2) and (3) of this subsection, effective on the first day of the next term of office which begins after July 1, 1988, each officer
1184
JOURNAL OF THE HOUSE,
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.................................................................. 50,000.00 per annum Judge of the juvenile court................................................................. 50,000.00 per annum Judge of the state court....................................................................... 69,500.00 per annum
Chief magistrate of the magistrate court............................................ 50,000.00 per annum
Magistrate of the magistrate court....................................................... 45,000.00 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.
(3) (A) The governing authority of Chatham County shall raise the minimum salary of the judge of the state court to the minimum salary set forth in paragraph (1) of this subsection effective April 1, 1989.
(B) The governing authority of Chatham County shall raise the minimum salaries of the judge of the probate court, chief magistrate, magistrate, and judge of the juvenile court to the minimum salaries set forth in paragraph (1) of this subsection effective July 1, 1989."
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 Abernathy Y Adams
Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford YByrd Y Carrell
Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Cummings,B Y Cummings.M Y Davis.C Davis.G Y Davis.M Dixon.H Y Dixon.S Y Dobbs Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Milam Y Mobley Y Moody Moore Y Morion Y Moultrie Y Mueller Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Parham
Y Parrish
Patten
Pettit
Pinkston
YPoag
Y Porter
Y Poston
Y Powell
Rainey
Randall
Y Ransom
Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,?
Smith.T
Y Smith.W
Smyre
Y Snow
Y Stancil.F Y Stancil.S
Stanley Y Steele
TUESDAY, FEBRUARY 21, 1989
1185
Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend
Y Twiggs
Y Vaughan Y Waddle Y Walker.C
Walker.L
Y Wall
Ware Watson Y Watts White Wilder
Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bill of the House was taken up for consideration and read the third time:
HB 778. By Representative Lane of the 27th:
A bill to amend an Act providing an exemption for the full value of the homestead from all ad valorem taxes levied for Fulton County government purposes for each resident of said county who is 70 years of age or over or disabled, subject to certain income limitations, so as to change the provisions relative to determination of disability.
The report of the Committee, which was favorable to the passage of 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 Abernathy
Y Adams Aiken
Y Alford Y Alien
Athon
Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Buck Y Buford Y Byrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell
Y Connell Y Couch
Cox Crawford Y Crosby Cummings.B Y Cummings.M Y Davis.C Davis.G Y Davis.M Dixon.H Y Dixon.S
Y Dobbs Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong Y Lord
Lucas
Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Patten Pettit Pinks ton
YPoag Y Porter Y Poston
Y Powell Rainey Randall
Y Ransom Ray
Y Reaves
Redding Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith,?
Smith.T
Y Smith.W Smyre
YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele
Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson
Y Watts White Wilder
Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.
1186
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 341. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to amend Section 6(c)(2) "Option C" of said Act so as to disallow any lump sum distribution of benefits; to provide an effective date.
HB 680. By Representatives Royal of the 144th, Long of the 142nd and Titus of the 143rd:
A bill to provide for the Board of Education of Thomas County; to provide for the election and terms of members.
HB 718. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th, Baker of the 51st, Lawrence of the 49th 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 722. By Representatives Richardson of the 52nd, Oliver of the 53rd, Redding of the 50th, Williams of the 54th, Teper of the 46th and others:
A bill to provide for the deferral of City of Decatur ad valorem taxes for certain elderly persons; to provide for a short title.
HB 729. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating the Magistrate Court of Glynn County, so as to provide for the collection of an additional fee for the benefit of the Glynn County Law Library on each case filed in the Magistrate Court of Glynn County; to provide for the amount of the fee.
HB 730. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend an Act creating the State Court of Glynn County, so as to change the compensation of the judge of said court.
HB 748. By Representative Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners for Baker County, so as to authorize and empower the board of commissioners to employ and fix the compensation of a clerk of the board of commissioners.
HB 772. 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 certain provisions relating to the election of the mayor.
TUESDAY, FEBRUARY 21, 1989
1187
SB 149. By Senators Bowen of the 13th, Timmons of the llth and Ragan of the 10th:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misdemeanor offenders and designation of place of confinement for persons convicted of misdemeanors or felonies, so as to change the provisions relating to the transfer of an inmate to the custody of the Department of Corrections.
SB 275. By Senator Edge of the 28th:
A bill to amend Code Section 31-21-44 of the Official Code of Georgia Annotated, relating to wanton or malicious removal of a dead body from a grave or disturbance of the contents of a grave, so as to make it unlawful for any person to knowingly receive, retain, possess, or dispose of any dead body or bodily part of a human being unlawfully removed from a grave; to provide for an exception.
SB 294. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the provisions relating to requirements for licensure in professional counseling and social work.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:
SR 70. By Senator Howard of the 42nd: A resolution creating the Access to Health Care Commission.
SR 120. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Jonesboro, Clayton County, Georgia, to Clayton County and the acceptance of certain real property owned by Clayton County in consideration therefor; to provide an effective date.
SR 122. By Senators Tate of the 38th and Scott of the 36th:
A resolution proposing an amendment to the Constitution to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census which has an independent school system to incur an additional $8 million per annum in bonded indebtedness for school purposes without the necessity of a referendum.
SR 126. By Senator Scott of the 2nd:
A resolution authorizing the conveyance and exchange of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date.
1188
JOURNAL OF THE HOUSE,
SR 127. By Senator Ragan of the 10th:
A resolution authorizing the conveyance of certain state owned real property located in Decatur County, Georgia, to the City of Bainbridge and the acceptance of certain real property owned by the City of Bainbridge located in Decatur County, Georgia, in consideration therefor; to provide an effective date.
SR 132. By Senator English of the 21st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic telecommunication cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.
The Senate has agreed to the House substitutes to the following Bills of the Senate:
SB 31. By Senators Stumbaugh of the 55th, Taylor of the 12th and Olmstead of the 26th:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to require the Commissioner to release for public dissemination a list of valid complaints against insurance companies which are received by the department; to provide for publication; to provide for availability of such information to other media.
SB 276. By Senators English of the 21st, Ragan of the 10th and Kennedy of the 4th:
A bill to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Agricultural Commodities Promotion Act," so as to abolish the Agricultural Commodities Commission for Peanuts and provide for the creation of the Georgia Peanut Commission as a successor to and continuation thereof.
The Senate recedes from its amendment to the following Bill of the House:
HB 285. By Representative Hudson of the 117th:
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 sale of fish by commercial fish hatcheries; to change the provisions relating to the licensing of wholesale and retail fish dealers.
The Senate has disagreed to the House amendment to the following Bill of the Senate:
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
TUESDAY, FEBRUARY 21, 1989
1189
SB 149. By Senators Bowen of the 13th, Timmons of the llth and Ragan of the 10th:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Department of Corrections over certain misdemeanor offenders and designation of place of confinement for persons convicted of misdemeanors or felonies, so as to change the provisions relating to the transfer of an inmate to the custody of the Department of Corrections.
Referred to the Committee on State Institutions & Property.
SB 275. By Senator Edge of the 28th:
A bill to amend Code Section 31-21-44 of the Official Code of Georgia Annotated, relating to wanton or malicious removal of a dead body from a grave or disturbance of the contents of a grave, so as to make it unlawful for any person to knowingly receive, retain, possess, or dispose of any dead body or bodily part of a human being unlawfully removed from a grave; to provide for an exception.
Referred to the Committee on Special Judiciary.
SB 294. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the provisions relating to requirements for licensure in professional counseling and social work.
Referred to the Committee on Health & Ecology.
SB 341. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to amend Section 6(c)(2) "Option C" of said Act so as to disallow any lump sum distribution of benefits; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 70. By Senator Howard of the 42nd: A resolution creating the Access to Health Care Commission.
Referred to the Committee on Health & Ecology.
SR 120. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in the City of Jonesboro, Clayton County, Georgia, to Clayton County and the acceptance of certain real property owned by Clayton County in consideration therefor; to provide an effective date.
Referred to the Committee on State Institutions & Property.
1190
JOURNAL OF THE HOUSE,
SR 122. By Senators Tate of the 38th and Scott of the 36th:
A resolution proposing an amendment to the Constitution to authorize any municipality of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census which has an independent school system to incur an additional $8 million per annum in bonded indebtedness for school purposes without the necessity of a referendum.
Referred to the Committee on State Planning & Community Affairs.
SR 126. By Senator Scott of the 2nd:
A resolution authorizing the conveyance and exchange of certain state owned real property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 127. By Senator Ragan of the 10th:
A resolution authorizing the conveyance of certain state owned real property located in Decatur County, Georgia, to the City of Bainbridge and the acceptance of certain real property owned by the City of Bainbridge located in Decatur County, Georgia, in consideration therefor; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 132. By Senator English of the 21st:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a fiber optic telecommunication cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 219. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create a chairman and board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts.
The following Senate amendment was read:
Amend HB 219 by striking all matter on lines 3 through 7 of page 18 and inserting in lieu thereof the following:
"specially called meeting of the commission and may vote on all matters before the commission for a vote. The".
By striking Section 13 in its entirety and inserting in lieu thereof the following:
TUESDAY, FEBRUARY 21, 1989
1191
"Section 13. Reserved."
Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 219.
On the motion the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 275. By Representatives Buck of the 95th, Moore of the 139th, Walker of the 115th, Lee of the 72nd, Mangum of the 57th and others:
A resolution creating the House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs 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 ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 101. By Senator Garner of the 30th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to provide that the State School Superintendent shall be a member of the council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 864. By Representative Chambless of the 133rd:
A bill to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, the Board of Human Resources, and the commissioner of human resources, so as to require service of notice of the pendancy of certain actions against the Department of Human Resources, the Board of Human Resources, the commissioner of human resources, or any employee or agent thereof.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
1192
JOURNAL OF THE HOUSE,
HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 242. By Representative Birdsong of the 104th: A resolution designating the Lightwood Knot Bridge.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th, Smith of the 156th, Walker of the 115th and others:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter; to provide for procedures; to require a minimum number of hours of continuing education; to provide for approval of certain courses; to provide for waivers; to provide for authority of the board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, is amended by adding at the end thereof a new Code section, to be designated Code Section 43-34-3, to read as follows:
"43-34-3. (a) The board shall be authorized to require persons licensed or certified under this chapter to complete board approved continuing education of not less than 30
TUESDAY, FEBRUARY 21, 1989
1193
hours biennially. The board shall be authorized to approve courses offered by professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, institutions of higher learning, or specialty societies, the number of hours required, and the category in which these hours should be earned.
(b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or in cases where physicians or physicians' assistants are entering fellowships, new specialty residencies, postgraduate specialty programs, or under such other circumstances as the board deems appropriate.
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield Y Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks
Childers Clark.B
Clark.H Y Clark.L
Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C
Davis.G Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Lawrence Y Lawson Y Lee Y Linder YLong Y Lord Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Pinkston YPoag Y Porter Y Poston Y Powell Rainey Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson
Watts White Y Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 799. By Representatives Lupton of the 25th, Pannell of the 122nd, Benn of the 38th, Robinson of the 96th, Isakson of the 21st and others:
A bill to amend Article 2 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to ordinances providing for historical preservation, so as to change certain provisions relating to certain exemptions from such article.
1194
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:
Aaron Abernathy Adams Y Aiken Y Alford Y Alien Athon Y Atkins Bailey Y Baker Balkcom Y Bannister Y Barfoot Bargeron Y Barnett.B Y Barnett.M Beck Benefield Benn Y Birdsong Y Bishop Y Bostick Branch Y Breedlove Y Brooks Brown YBuck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Cheeks Y Childers Clark.B
Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell Couch Cox Y Crawford Crosby Y Cummings,B Y Cummings,M Y Davis.C Davis.G Davis.M Y Dixon.H Y Dixon.S Dobbs Dover Y Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Green Greene Y Gresham Y Griffin Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson,W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Lane,D Y Lane.R Langford Lawrence Y Lawson YLee Linder Y Long Y Lord Lucas Y Lupton Mangum Y Martin Y McCoy McDonald McKelvey McKinney.B
McKinney,C Meadows Milam Y Mobley Y Moody Y Moore Y Morton Moultrie Y Mueller Oliver.C Y Oliver.M YOrr Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Pinks ton Poag Y Porter Y Poston Y Powell Rainey Y Randall Y Ransom Ray Y Reaves Redding Richardson Ricketson Y Robinson Y Royal Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W Smyre YSnow Stancil.F Stancil.S Stanley Steele Y Stephens Y Teper Y Thomas.C Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Walker ,L Y Wall Y Ware Y Watson Watts White Y Wilder Y Williams.B Williams.J Y Yates Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 112, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 218. By Representatives Couch of the 36th and Jamieson of the llth:
A bill to amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency, so as to provide for circumstances in which a child is competent to testify without qualification.
The following Committee substitute was read:
A BILL
To amend Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, so as to redefine what persons are incompetent to testify; to provide that this Act shall not apply to certain transactions or occurrences; 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 24 of the Official Code of Georgia Annotated, relating to competency of witnesses to testify, is amended by striking in its entirety Code Section 24-9-5, relating to incompetency of persons without the use of reason, and inserting in lieu thereof a new Code Section 24-9-5 to read as follows:
TUESDAY, FEBRUARY 21, 1989
1195
"24-9-5. Persons who do not have the use of reason, such as idiots; and lunatics during lunacy, and children whe de net understand the nature ef tan oath, shall be incompetent witnesses."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 24-9-7, relating to competency decided by the court, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The competency of a witness shall be decided by the court. The court shall by examination decide upon the capacity of one alleged to be incompetent from idiocy, lunacy, insanity; or drunkenness; or infancy."
Section 3. This Act shall not apply to transactions or occurrences which took place prior to the effective date hereof.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Couch of the 36th, Richardson of the 52nd, and Groover of the 99th move to amend the Committee substitute to HB 218 as follows:
By striking lines 16 through 19 and inserting in lieu thereof the following:
"24-9-5. Persons who do not have the use of reason, such as idiots, lunatics during lunacy, and children above the age of 10 years who do not understand the nature of an oath shall be incompetent witnesses. Children ten years old and younger shall be competent witnesses."
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 Abernathy Adams
Y Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford
Byrd Y Carrell Y Carter
Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Colbert
Y Coleman Y Colwell Y Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Linder YLong
Lord Lucas Y Lupton
Y Mangum Y Martin Y McCoy
Y McDonald McKelvey McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall Ransom
1196
JOURNAL OF THE HOUSE,
YRay Y Reaves
Redding
Richardson Ricketson
Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith,W
Smyre
Y Snow
Y Stancil.F
Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Thompson
Y Thurmond
Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L
Y Wall
Ware
Y Watson
Y Watts White
Y Wilder Y Williams.B
Y Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 733. By Representatives Oliver of the 53rd and Baker of the 51st:
A bill to amend Article 3 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to the removal, resignation, settlement, and letters of dismission of a guardian, so as to provide that the judge by whom the guardian was appointed may pass an order transferring jurisdiction of the trust.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 89. By Representative Parham of the 105th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia.
The following amendment was read and adopted:
Representative Parham of the 105th moves to amend HR 89 by inserting on line 28 of page 2 between the words "and" and "upon" the following:
"upon the condition that such property shall be limited to use as a parking facility or parking lot and".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 692. By Representative Reaves of the 147th:
A bill to amend Code Section 41-1-7 of the Official Code of Georgia Annotated, relating to treatment of agricultural facilities and operations as nuisances, so as to change the definition of the term "agricultural facility".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 21, 1989
1197
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford
Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Bannister Y Barfoot Bargeron Y Barnett.B Y Barnett.M Beck
Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck
Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman
Colwell Connell Y Couch Cox
Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Dover
Y Dunn Edwards
Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Banner Y Harris
Y Hasty
Heard Y Herbert
Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson.J Y Jackson.W
Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford
Lawrence Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
McKelvey Y McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinks ton YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Richardson Ricketson Y Robinson
Y Royal Y Selman
Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele
Y Stephens Y Teper
Thomas,C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts
White Wilder Y Williams.B Williams,J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Holcomb 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.
HR 228. By Representatives Greene of the 130th and Hanner of the 131st: A resolution designating the Creek Indian Trail Scenic Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 102, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 773. By Representative Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to time-share projects and programs, so as to change certain definitions; to provide for the inclusion of certain campsite time-share programs and establish requirements and procedures relating thereto.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1198
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck
Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark,H Y Clark.L
Colbert Y Coleman
Colwell Y Connell Y Couch
Cox Y Crawford
Y Crosby Y Cummings.B Y Cutnmings,M Y Davis.C
Davia.G Davis.M Dixon.H Y Dixon,S
Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin
Green Greene Y Gresham Y Griffin Y Groover Hamilton Hanner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,,! Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
Y McDonald McKelvey
Y McKinney.B
Y McKinney.C
Y Meadows Y Milam
Mobley Y Moody Y Moore Y Mortal Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall
Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre
YSnow
Y Stancil,F Y Stancil.S
Stanley Y Steele Y Stephens YTeper
Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J
Y Yates Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 743. By Representative McDonald of the 12th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M
YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark,L
Colbert Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby Y Cummings,B Y Cummings.M
Y Davis.C Davis.G
Y Davis.M Y Dixon.H
Y Dilon.S Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Y Green
Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren
TUESDAY, FEBRUARY 21, 1989
1199
Y Hudson
Y Irwin Y Isakson Y Jackson,.! Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson
Y Lee Y Linder Y Long Y Lord
Y Lucas
Y Lupton Mangum
Y Martin Y McCoy Y McDonald
McKelvey McKinney.B Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody
Y Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M Y Orr
Y Orrock
Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell Y Rainey
Y Randall Y Ransom
Ray
Y Reaves Y Redding Y Richardson
Ricketson
Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,? Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens
Y Teper Y Thomas.C Y Thomas,M Y Thompson
Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L
Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B
Y Williams,J Y Yates
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.
HR 190. By Representatives Ray of the 98th, Edwards of the 112th, Buck of the 95th, Robinson of the 96th, Steele of the 97th and others:
A resolution designating a portion of the growth corridor program as the "Peach Parkway".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 758. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Part 2 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to revenue bonds of the State Tollway Authority, so as to permit the obtaining of loans and the sale of bonds and notes under conditions to be established by the authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B
Y Barnett.M
Y Beck Y Benefield
Benn Y Birdsong Y Bishop
Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Buck Y Buford
Byrd
Y Carrell Y Carter
Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B N Clark.H Y Clark.L
Colbert
Y Coleman Colwell
Y Connell Couch Cox
Y Crawford
Y Crosby Y Cummings.B
Y Cummings.M
Y Davis.C Davis.G
N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd
Y Foster Godbee
Y Goodwin
Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Manner
Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks
N Howren
1200
JOURNAL OF THE HOUSE,
Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford
Lawrence Y Lawson Y Lee Y Linder
Y Long
Lord
Y Lucas Y Lupton Y Mangum N Martin Y McCoy
McDonald
Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Mobley
Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C
Oliver.M
Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom Y Ray Y Reaves Y Redding
N Richardson
Ricketson
Robinson Royal Y Selman Y Simpson Y Sinkfield Y Smith,L
Y Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens N Teper
Thomas.C
Y Thomas.M
Y Thompson
Thurmond Y Titus
Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams.J Y Yates
Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 136, nays 6. The Bill, having received the requisite constitutional majority, was passed.
Representative Royal of the 144th 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 757. By Representatives Porter of the 119th, Townsend of the 24th, Kilgore of the 42nd and Birdsong of the 104th:
A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limited-access roads which are constructed in whole or as a part of a tollway project.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, so as to provide that the consent of a municipality is not necessary for certain limited-access roads if such limitedaccess roads include space or provisions for a heavy rail public transportation system; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of limited-access roads, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The department or a county or a municipality in this state, acting alone or in cooperation with each other or with any federal, state, or local agency, is authorized and empowered to plan, designate, establish, regulate, abandon, alter, improve, maintain, and provide limited-access public roads wherever the department or such authorities consider that traffic conditions, present or future, justify such special facilities, provided that the term 'traffic conditions, present or future, justifying such special facilities' shall be construed to mean a road having present traffic volumes requiring a minimum of four lanes of road or traffic volumes estimated to be accommodated by the road within a period not to exceed 20 years from the date of such consideration that will require a minimum of four lanes of road; provided, further, that within municipalities such
TUESDAY, FEBRUARY 21, 1989
1201
authorization for limited-access public roads shall be subject to such municipal consent as may be provided by law, except that such municipal consent is not necessary for any limited-access road if the limited-access road includes space or other provisions for the construction of a heavy rail public transportation system and such a transportation system is a part of a regional transportation plan developed by the metropolitan planning organization or other such similar body."
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
N Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey N Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove N Brooks N Brown YBuck Y Buford Y Byrd
Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers N 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 Y Cummings.M Y Davis.C
Davis.G N Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart N Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham
Y Griffin Y Groover N Hamilton Y Manner Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland N Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas N Lupton
Mangum
N Martin Y McCoy
McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C N Oliver.M YOrr N Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten
Pettit Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey
Y Randall Y Ransom YRay Y Reaves Y Redding N Richardson
Ricketson Y Robinson
Y Royal Selman
Y Simpson
N Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens N Teper
Y Thomas.C N Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B N Williams.J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 139, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following communication was received and read:
February 21, 1989
House of Representatives Atlanta, Georgia 30334
1202
JOURNAL OF THE HOUSE,
Mr. Glenn W. Ellard Clerk of House of Representatives Georgia House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
Pursuant to Rule 137 this is an explanation of my vote on H.B. 757.
The Georgia Department of Transportation has admitted that there is only one project now or in the foreseeable future to which H.B. 757 applies: the extension of Georgia 400. It is the only project that can come within the provisions of the bill i.e. (1) absence of municipal consent pursuant to OCGA S 32-6-lll(a). See North Buckhead Civic Association v. Georgia D.O.T., Fulton Superior Court Case No. D-61651, (2) it is a limited-access road, (3) it includes space or other provision for the construction of a heavy rail public transportation system, and (4) the transportation plan is part of a regional transportation plan developed by a metropolitan planning organization. The Constitution of Georgia provides in part at Article III, Section VI, Paragraph IV, that no local or special law shall be enacted in any case for which provision has been made by an existing general law.
I voted against the bill because I believe it violates that provision of the Constitution of Georgia.
Sincerely, /s/ Jim Martin
Representative House District 26
By unanimous consent, HB 757, by substitute, was ordered immediately transmitted to the Senate.
Representative Carrell of the 65th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1988-1989.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 118
The Committee of Conference on HB 118 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 118 be adopted.
Respectfully submitted,
TUESDAY, FEBRUARY 21, 1989
1203
FOR THE SENATE: /s/ TSeernraetlorA,. 4S4ttahrrDistrict
/s/ 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 Coleman Representative, 118th District
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", approved April 14, 1988 (Ga. L. 1988, p. 1998), so as to change certain appropriations for the State Fiscal Year 1988-1989; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1988-1989, as amended, known as the "General Appropriations Act" approved April 14, 1988 (Ga. L. 1988, p. 1998), is further amended by striking everything following the enacting clause through Section 77, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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...........................................................................$ Photography.....................................................................................$ Expense Reimbursement Account................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
20,923,966 9,848,300
3,177,901 2,388,972
118,800 6,000 0
355,000 415,500 63,700 638,000
369,732
2,320,261 68,000
1,153,800 0
20,923,966 20,923,966
Senate Functional Budgets
Total Funds
State Funds
Senate and Research Office Lt. Governor's Office
$
3,965,981
$
543,772
$
3,965,981
$
543,772
1204
JOURNAL OF THE HOUSE,
Secretary of the Senate's Office
Total
$
995,200
$
5,504,953
$
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
$
377,961
$
1,098,710
$
9,591,389
$
8,114,718
$
377,961
$
1,098,710
$
9,591,389
Joint Functional Budgets
Total Funds
State Funds
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total
$
2,058,843
$
1,863,793
$
786,990
$
1,117,998
$
5,827,624
$
2,058,843
$
1,863,793
$
786,990
$
1,117,998
$
5,827,624
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 for 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.
TUESDAY, FEBRUARY 21, 1989
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....................................................................$
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 Reporters..............................................................? Payment to Council of Magistrate Court Judges................................................................................? Payment to Council of Probate Court Judges................................................................................? Payment to Council of State Court Judges..,.............................................................................? Payment to Resource Center.........................................................?
1205
12,596,408
10,381,288 364,220 813,972 172,500 24,900 50,888 336,140 396,800 55,700
12,596,408 12,596,408
3,900,608
4,504,874
36,750,463 35,015,299
747,652 119,600
73,435
779,477 15,000
348,408
550,368 425,506
124,862
1,509,673 665,088
71,000 28,575
26,000
20,000
10,000 150,000
1206
JOURNAL OF THE HOUSE,
Payment to Computerized Information Network ..................................................................$
539,010
Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission..............................................................?
109,310
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....................,...........................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
39,823,820
42,591,314 9,717,316
335,449 430,700 4,215,479 8,833,624 3,288,851 897,578 635,362 15,966,243 42,635
1,957,232
0 34,165,279 11,650,000
608,800
50,000
30,000
0 2,600,000 4,200,000
170,000 142,385,862 39,823,820
Department of Administrative Services Functional Budgets
Total Funds
State Funds
State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration
548,880 2,314,218
16,880,785
12,128,279
548,880 2,285,287
14,828,637
0
TUESDAY, FEBRUARY 21, 1989
1207
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
2,734,176
657,217
521,873 50,545,599 3,844,853 42,710,204 5,574,379
1,564,315 683,247
1,677,837 142,385,862
2,734,176
0
521,873 12,924,967
0 5,850,000
130,000 0 0 0
39,823,820
B. Budget Unit: Georgia Building Authority................
Georgia Building 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 ................................ Utilities ............................................ Contractual Expense...................... 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
$
1,922,900
0
Custodial
$
4,737,600
0
Maintenance
$
4,880,800
0
Security
$
4,642,800
0
Van Pool
$
199,100
0
Sales
$
4,343,500
0
Administration
$
10,961,100
0
Railroad Excursions
$
597,900
0
Facility Renovations
$
0
0
Total
$
32,285,700
0
C. Budget Unit: Agency for the Removal of Hazardous Materials...........
Operations Budget: Personal Services.......................................... Regular Operating Expenses...................... Travel............................................................. Motor Vehicle Purchases............................ Equipment..................................................... Computer Charges........................................
250,000
4,500,000 3,996,000 1,500,000
175,000 700,000
0
1208
JOURNAL OF THE HOUSE,
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
0 20,000 800,000
0 0 11,691,000 250,000
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....................................................................?
32,448,217
28,055,956 3,355,998
877,000 513,604 396,114 317,928 850,963 390,374 330,754 600,000
2,124,650
1,662,832 547,000 91,000 75,000 205,000
526,600
75,000 0
60,000 50,000 100,000 41,205,773 32,448,217
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
4,304,536 6,398,502 1,766,211 3,628,428 4,363,030 1,405,150 3,012,727
5,925,309
3,839,911 6,026,778 1,721,957 3,628,428 4,285,030 1,405,150 3,004,727
4,567,704
TUESDAY, FEBRUARY 21, 1989
Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total
4,107,818
4,006,733 364,797
1,922,532 41,205,773
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....................................................................$
Section 13. Department of Community Affairs. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
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 ...................................................................................$
1209
1,611,752 534,248 0
1,822,532 32,448,217
557,000 143,305
7,250 0
28,466 0 0
9,000 75,731 246,000 98,280 1,165,032
0
5,733,574
4,794,975 220,511 321,198 0 24,305 122,402 184,272 63,911 2,000
5,733,574 5,733,574
8,372,056
4,803,291 243,346 177,884 8,200 24,009 45,615 398,192 62,998 123,132 327,919
1,400,000 310,000
99,800
1210
JOURNAL OF THE HOUSE,
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........................
30,000,000
0 0 650,000
600,000
422,990 39,697,376 8,372,056
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Office of Rural Development Total
$
4,086,459
$
1,394,920
$
32,856,144
$
1,086,214
$
273,639
$
39,697,376
4,063,959 1,209,614
1,904,676 920,168 273,639
8,372,056
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........................................................... 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........................................
308,745,275 223,651,418 25,103,025
1,330,530 1,432,000 4,867,492
869,450 2,920,461 2,264,367 1,687,805 1,180,000 8,479,215
445,000 11,110,000 8,500,000
1,450,000 20,000 682,000
3,199,945
1,429,703
315,196 1,100,000 12,969,341
48,946
289,190
TUESDAY, FEBRUARY 21, 1989
1211
Minor Construction Fund..............................................................$ Authority Lease Rentals ...I............................................................! Total Funds Budgeted......,.............................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries ....................................................$ State Funds Budgeted....................................................................!
741,400 200,000 316,286,484 450,000
0 308,745,275
Departmental Functional Budgets Total Funds
State Funds
Administration Institutions and Support Probation Total
38,564,661
$
224,262,676
$
53,459,147
!
316,286,484
$
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.....................;..............................................!
38,004,661 223,020,879 47,719,735 308,745,275
19,998,192
16,477,840 483,309 455,951 124,500 148,304 126,706
1,115,131 397,469 365,454 550,000
20,244,664 19,998,192
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......................................................! Grants to Locals - Emergency
Management Assistance.............................................................! Grants - Others................................................................................! Georgia Military Institute
Grant.............................................................................................! Civil Air Patrol Contract....................,..........................................! Capital Outlay .................................................................................$ Grants to Armories.........................................................................! Repairs and Renovations...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
4,863,042
7,423,010 3,720,608
66,382 27,200 50,725 13,830 7,800 132,596 183,500
1,050,000 44,100
18,000 42,000
0 63,160 325,125 13,168,036 4,863,042
Department of Defense Functional Budgets
Total Funds
State Funds
Office of the Adjutant General
$
2,364,010
!
1,241,750
1212
JOURNAL OF THE HOUSE,
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard Total
1,959,677 3,336,041 5,508,308 13,168,036
Section 16. State Board of Education Department of Education.
Budget Unit: Department of Education...............................................................$
Operations: 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...............................................................................$ Mid-Term Adjustment...................................................................$ Local Fair Share..............................................................................$
Other Categorical Grants: Equalization Formula.....................................................................$ Sparsity Grants................................................................................$ In School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low Incidence Grants..........................................................................$
Non-QBE Grants: Education of Children of LowIncome Families...........................................................................$ Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for
the Handicapped .........................................................................$ Removal of Architectural
Barriers .........................................................................................$
903,813 462,047 2,255,432 4,863,042
2,382,304,274
39,092,937 4,676,871 1,706,044
96,590 546,391 9,291,774 2,190,848 758,781 17,494,447 833,720 232,000
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 13,938,667 83,370,542 446,973,429 106,125,602
992,440 36,727,238 (427,320,488)
114,076,541 2,585,942 0 1,000,000 12,026,299
188,694
86,908,735
3,503,745
29,455,844
888,439
TUESDAY, FEBRUARY 21, 1989
1213
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....................................................................................$ Salaries and Travel of Public Librarians.........................................................................$ Public Library Materials................................................................$ Talking Book Centers.....................................................................$ Public Library M & 0....................................................................$ Grants to Local School Systems for Educational Purposes ...........................................................$ Child Care Lunch Program (Federal) .......................................................................$ Chapter II - Block Grant FlowThrough...............................................................................$ Payment of Federal Funds to Postsecondary Vocational Education......................................................................................$ Innovative Programs.......................................................................? Technology Grants..........................................................................? Limited English - Speaking Students Program .......................................................................$ Drug Free School (Federal) ...........................................................$ Transition Program for Refugee...................................................? Emergency Immigrant Education Program........................................................................................? Robert C. Byrd Scholarship (Federal).......................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................? State Funds Budgeted....................................................................?
Education Functional Budgets
Total Funds
State Administration Instructional Programs Governor's Honors Program Administrative Services Evaluation and Personnel
Development
4,097,732 16,209,683 1,040,401 20,055,464
15,034,976
2,558,000 31,942,336 127,921,445 22,666,600
6,015,946
6,137,565
2,991,722 17,773,920
3,030,345 1,269,600
563,403 3,084,680
366,540
9,061,589 4,498,850
767,632 3,638,259
78,000,000
16,728,325
8,702,655
14,218,609 670,500 850,000
1,250,000 3,541,023
110,450
61,547
152,500 2,708,119,114
340,000 2,382,304,274
State Funds 3,628,218 8,968,243 978,945 14,502,123
14,404,372
1214
JOURNAL OF THE HOUSE,
Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Ga. School for the Deaf Atlanta Area School
for the Deaf Total
$
4,074,159
$
258,975
!
540,693
$ 2,631,198,711
$
4,202,888
$
6,601,224
$
4,804,208
$ 2,708,119,114
Section 17. Employees' Retirement System. Budget Unit: Employees' Retirement
System ......................................................................I Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................I 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 ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Contractual Research......................................................................!
Payments to the University of Georgia, School of Forestry for Forest Research.....................................................................!
Ware County Grant for Southern Forest World................................................................................!
Ware County Grant for Road Maintenance.................................................................................!
Wood Energy Program ...................................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
2,619,964
258,975
540,693 2,321,570,156
3,994,540 6,399,680
4,438,365
2,382,304,274
0
918,040 107,560
7,500 0
5,400 280,000 121,500 27,000 657,700
0 0 2,124,700 0
31,910,958
26,727,598 6,712,733
157,298 1,259,133 2,335,896
115,305 39,694 871,599 490,347 250,000
300,000
30,000
60,000 28,000
0 39,377,603 31,910,958
TUESDAY, FEBRUARY 21, 1989
1215
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services Wood Energy General Administration
and Support Total
$
5,118,743
$
31,786,519
$
28,000
$
2,444,341
$
39,377,603
$
585,291
$
28,860,326
$
28,000
$
2,437,341
$
31,910,958
Section 19. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation ............................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ Evidence Purchased........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Total State Funds Budgeted.........................................................$
31,261,237
22,789,687 2,268,866
600,075 466,800 546,894 584,085 1,779,565 1,683,765 42,500 479,000 20,000 31,261,237 31,261,237
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total
$
3,010,351
$
6,179,823
$
10,114,066
$
6,029,284
$
5,927,713
$
31,261,237
$
3,010,351
$
6,179,823
$
10,114,066
$
6,029,284
$
5,927,713
$
31,261,237
Section 20. 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....................................................$ Humanities Grant - State Funds..................................................$ Art Acquisitions - State Funds .....................................................$
19,347,193 8,805,813
451,250 188,300
0 61,734 148,400 643,014 211,480 48,734,896 2,790,542 40,000 2,650,000 158,000 2,750,000 345,006 50,000 40,000
1216
JOURNAL OF THE HOUSE,
Children's Trust Fund Grants .. Children and Youth Grants....... Payments to Hazardous Waste
Management Authority.......... Total Funds Budgeted................ State Funds Budgeted................
662,461 100,000
150,000 68,980,896 19,347,193
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 Vocational Education
Advisory Council Office of Consumers'
Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Growth Strategies Commission Human Relations Commission Total
5,638,542
807,449
4,447,197 3,786,261 1,994,660 47,757,592
288,447
651,987
656,436
1,409,005
1,153,325 277,625 112,370
68,980,896
?
5,638,542
$
739,236
?
4,307,197
$
3,248,016
?
1,994,660
?
341,127
$
133,447
$
651,987
?
410,656
?
339,005
?
1,153,325
$
277,625
?
112,370
?
19,347,193
Section 21. 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 .................................................$
435,551,152
51,698,977 2,603,042 1,411,429 0 403,802 2,751,646 5,048,438 1,065,557 2,529,806 299,074 992,468 0
4,000
8,108,680 10,761,878
236,000 35,342,499 123,257,296
638,300
TUESDAY, FEBRUARY 21, 1989
1217
State Funds Budgeted....................................................................$
55,925,995
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
786,467 1,222,147
310,462 1,676,691
0 4,938,930
529,285
531,212 1,650,435 5,161,837 2,045,111
516,000
10,761,878 479,385
9,341,668
677,213 2,413,625
805,153
3,414,749 402,997 802,603
5,521,776 21,156,778 9,493,933 37,305,223
1,311,738 123,257,296
786,467 1,222,147
310,462 1,632,736 (5,090,942) 3,444,691
529,285
531,212 1,650,435 4,961,837 2,045,111
516,000
10,245,359 142,505
677,213 2,403,625
578,992
964,243 402,997 599,959 273,214 2,754,503 9,281,333 13,805,873
1,256,738 55,925,995
2. Public Health Budget: Personal Services........................ 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.............
44,656,998 53,736,162
1,204,223 0
428,166 620,183 778,216 650,571 3,340,858
0 95,556 623,632
4,936,795
1218
JOURNAL OF THE HOUSE,
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.................. Grants-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
777,061 339,799 1,282,294 1,752,930 692,918 753,832
1,860,754 1,788,060
562,672
1,528,042
1,399,897 11,112,501 9,392,795 2,293,070 10,495,104 54,959,983 1,690,894 11,899,431
1,385,564 664,206
3,778,928 846,992
5,023,959 2,850,196
10,172,179 869,524
3,055,547
6,594,224 53,595,372
460,207
2,055,000 2,068,464 7,456,223
400,000 2,691,975
4,059,421 378,961
62,677,766 10,706,055 6,370,000 209,935,225
549,718 123,240,841
State Funds
$
579,836
$
299,799
$
1,197,294
$
1,617,001
$
470,100
$
691,744
$
1,444,504
$
775,017
$
0
$
267,066
$
1,399,897
$
5,378,629
$
9,201,585
$
847,137
$
5,741,660
$
0
$
1,480,719
$
9,687,488
$
1,385,564
$
664,206
$
3,723,281
$
461,663
$
4,903,959
$
1,789,696
$
10,042,504
$
686,574
$
2,604,595
$
6,594,224
$
46,715,239
$
359,633
TUESDAY, FEBRUARY 21, 1989
1219
Community Care
Aids Total
2,957,876 3,098,414 209,935,225
1,165,086
1,065,141 123,240,841
3. Rehabilitation Services 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 .................................................................................$ 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.......................,............................................!
62,014,634 9,522,121
801,663 264,500 433,914 1,673,520 2,676,949 1,402,301 4,452,190 943,324
0 335,300
165,000 15,634,998
50,000 509,100 6,321,672 107,201,186 100,000 22,226,770
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
3,859,180 680,089
7,796,577
17,137,188
12,598,968 22,278,407
962,248 34,448,934
495,367 1,414,072 5,120,256
409,900 107,201,186
1,348,005 547,225
1,547,498
4,181,126
606,252 0 0
7,453,796 286,724 725,988
5,120,256 409,900
22,226,770
4. Family and Children Services Budget:
Personal Services..................... Regular Operating Expenses. Travel ........................................ Motor Vehicle Purchases ....... Equipment................................ Computer Charges................... Real Estate Rentals................ Telecommunications ...............
13,971,775 1,401,440
397,600 10,400 73,975 15,708,002 216,243 907,120
1220
JOURNAL OF THE HOUSE,
Per Diem, Fees and Contracts...... 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
$ 278,792,787
$
100
$
12,978,058
$
48,054,191
$
76,878,122
$
45,284,352
$
6,636,080
$
2,427,000
$
872,594
$
4,087,055
$
3,866,113
$
4,768,838
$
18,133,782
$
2,271,438
$
0
$
2,318,389
$
1,797,333
$
19,574,332
$
1,939,720
$
672,684
$
3,293,375
$
18,365,300
$
154,200
$
757,600
$
1,089,030
$
3,036,011
$
1,833,951
$ 561,211,017
Budget Unit Object Classes: Personal Services..................... Regular Operating Expenses. Travel........................................ Motor Vehicle Purchases.......
4,996,424 9,100
1,371,985 292,245,527
178,551,696 45,707,516
3,416,730 2,225,484 561,211,017 2,339,882 234,157,546
State Funds
$
0
$
103,035,261
$
100
$
0
$
8,167,368
$
38,439,061
$
21,235,662
$
6,636,080
$
0
$
872,594
$
3,390,727
$
3,866,113
$
2,109,597
$
7,105,382
$
2,271,438
$
(5,718,173)
$
1,908,631
$
1,797,333
$
12,497,722
$
1,469,164
$
509,493
$
2,707,472
$
15,865,300
$
154,200
$
757,600
$
1,072,630
$
2,847,611
$
1,159,180
$ 234,157,546
172,342,384 67,262,765 3,814,915
274,900
TUESDAY, FEBRUARY 21, 1989
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 ...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Utilities.............................................................................................? Capital Outlay .................................................................................? Authority Lease Rentals ................................................................?
Institutional Repairs and Maintenance.................................................................................?
Grants to County-Owned Detention Centers.......................................................................?
Substance Abuse Community Services...................................................................?
1221
1,339,857 20,753,351 8,719,846 4,025,549 15,319,278 1,251,498 2,795,309
0
4,936,795
2,055,000 7,456,223
623,632 400,000 2,691,975
4,059,421 378,961
2,068,464 62,677,766 8,108,680 56,469,394 15,634,998
50,000 292,245,527
178,551,696
169,000 10,531,830 54,595,710
452,111,832
359,635,70r 32,584,668
991,562 942,327 3,558,294 4,112,195 778,109 2,822,181 6,012,577 13,456,804 21,200 748,468
2,363,882
2,222,640
30,461,421
1222
JOURNAL OF THE HOUSE,
Mental Retardation Community Services ...................................................................$
Mental Health Community Services ...................................................................$
Community Mental Health Center Services............................................................................$
Special Purpose Contract...............................................................$ Service Benefits for Children ........................................................$ Purchase of Service Contract........................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
84,548,208
11,605,116
45,212,140 1,356,660 2,140,048 496,000
606,070,202 2,404,100
452,111,832
Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
Total Funds
State Funds
Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services
36,192,034 30,441,744
25,593,790
20,479,238
25,907,107
28,514,220 119,705,443
23,584,681
43,857,798
20,538,230 2,340,454
8,689,176
4,551,317
64,855,251 11,288,718
591,869 410,048 1,147,297
45,212,140 371,144
1,670,580
273,604 316,398
3,262,748
15,038,198
24,253,161 15,188,754
22,916,580
17,370,153
20,173,883
22,744,704 79,603,880
21,071,532
23,730,256
15,930,948 2,188,174
8,605,367
2,771,090
37,297,251 10,525,795
577,623 247,048 1,147,297
36,476,722 371,144
1,420,580
273,604 316,398
3,262,748
15,038,198
TUESDAY, FEBRUARY 21, 1989
Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Admininistration 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
74,630 8,340,819
17,590,349 9,898,567 6,707,708 3,737,087 3,496,507 10,593,216 2,517,774
930,659 660,496 3,338,447
692,810
402,184
2,255,722 606,070,202
Section 22. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade ....................................................................$ 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....................................................................$
1223
74,630
6,878,446
17,253,349 9,513,156 6,636,973 3,620,973 3,385,107 10,593,216 2,517,774
930,659 660,496 3,238,447
692,810
402,184
2,210,722 452,111,832
17,834,012
6,885,334 1,611,369
349,445 68,500 73,995 125,025 607,140 252,860 439,425 230,000
5,401,184
2,745,000
80,000
25,000
50,000 35,000
0
53,000
25,000 0
19,057,277 17,864,012
1224
JOURNAL OF THE HOUSE,
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
$
6,470,943
$
4,735,281
$
7,851,053
$
19,057,277
5,628,943 4,552,281 7,682,788 17,864,012
Section 23. Department of Insurance. Budget Unit: Department of Insurance. 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..................................
10,070,182
9,159,657 546,750 309,000 47,500 50,670 206,771 525,759 205,021 185,500
11,236,628 10,070,182
Department of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total
1,898,340 4,023,256
565,685
4,749,347 11,236,628
$
1,898,340
3,917,271
565,685
10,070,182
Section 24. Department of Labor. Budget Unit: Department of Labor.......... State Operations:
Personal Services................................... Regular Operating Expenses............... Travel...................................................... 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..........................
6,028,241
54,976,779 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
1,000,000 133,057,579
6,028,241
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices Administrative Services
2,769,821 16,028,057
581,610 1,296,313
TUESDAY, FEBRUARY 21, 1989
1225
Employmei. and Training Services
Total
114,259,701 133,057,579
4,150,318 6,028,241
Section 25. Department of Law. Budget Unit: Department of Law.......................................................$ Attorney General's Office Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
7,983,444
7,097,516 388,702 128,000 0 27,480 229,946 411,800 80,000 60,000 110,000
8,533,444 7,983,444
Section 26. Department of Medical Assistance. Budget Unit: Medicaid Services..........................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Medicaid Benefits, Penalties
and Disallowances .......................................................................$ Payments to Counties for
Mental Health..............................................................................$ Audit Contracts...............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
437,621,350
10,799,527 489,000 189,900 0 43,536
12,391,225 925,973 343,642
16,601,244
1,241,228,594
25,170,529 772,500
1,308,955,670 437,621,350
Medical Assistance Functional Budgets
Total Funds
State Funds
Commissioner's Office Program Management Systems Management Administration Program Integrity Benefits, Penalties
and Disallowances Total
1,090,724 20,518,899 14,852,016
2,359,266 3,735,642
1,266,399,123 1,308,955,670
$
429,961
$
2,722,459
$
4,148,779
$
323,502
$
1,597,294
$
428,399,355
$
437,621,350
Section 27. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ...................................................... Departmental Operations Budget:
Personal Services........................................................................... Regular Operating Expenses.......................................................
43,203,865
6,784,777 1,077,400
1226
JOURNAL OF THE HOUSE,
Travel........................................... Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts . Health Insurance Payments..... Total Funds Budgeted............... Agency Assessments................... Employee and Employer
Contributions.......................... Deferred Compensation............. State Funds.................................
71,000 73,790 2,586,808 754,119 84,826 33,620,920 411,787,556 456,841,196 8,653,661
404,928,670 55,000
43,203,865
Merit System Functional Budgets
Total Funds
State Funds
Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total
2,425,828
1,034,309 998,557
1,297,374
11,434,281 436,347,856
1,813,260 1,489,731 456,841,196
0 43,203,865
0
0 43,203,865
Section 28. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..............................................................$ Operations Budget:
Personal Services............................'.................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ 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 ...........................................................$
71,563,882
52,031,707 10,310,215
505,350 1,493,994 1,742,335
626,120 1,706,138 1,294,574 1,463,268
900,000 530,000
300,000
125,000
1,978,900
350,000 211,500 1,189,000 1,642,380
TUESDAY, FEBRUARY 21, 1989
1227
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 St. 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................................................................................$ National Parks Service Grants......................................................?
Capital Outlay Waterfowl Habitat ......................................................................$
Waterfowl Conservation Fund ......................................................$ Total Funds Budgeted....................................................................? Receipts from Jekyll Island
State Park Authority..................................................................? Receipts from Stone Mountain
Memorial Association.................................................................? Indirect DOAS Funding.................................................................? State Funds Budgeted....................................................................?
1,600,000
206,000 50,000
485,000
766,665
59,892
347,831 125,000 3,913,696
10,000
149,405 150,000
1,404,556 275,000
7,050,000 7,000 13,000
500,000 150,000
200,000 135,000 95,998,526
53,750
315,000 200,000 71,503,882
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
7,836,755 26,494,449
32,184,559 25,063,695 4,419,068 95,998,526
7,441,004 21,918,985
19,190,525 21,485,611
1,527,757 71,563,882
B. Budget Unit: Authorities......... Operations Budget:
Personal Services..................... Regular Operating Expenses. Travel........................................ Motor Vehicle Purchases .......
0
3,320,151 1,944,100
22,400 99,000
1228
JOURNAL OF THE HOUSE,
Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
321,355 25,000 10,200 119,050 144,700 1,918,600 7,924,556
0
Authorities Functional Budgets
Total Funds
State Funds
Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total
$
6,520,000
$
0
$
1,404,556
$
0
$
7,924,556
$
0
Section 29. 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 ......................................................$ Conviction Reports .........................................................................$ State Patrol Posts Repairs and Maintenance .........................................................................$ Capital Outlay .................................................................................$ Driver License Processing..............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................$
72,454,203
54,998,371 8,597,566
140,300 3,146,977
681,806 3,731,300
33,800 1,103,883
246,000 225,000
200,000 50,000 949,200 74,104,203 1,650,000 72,454,203
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations Total
$
17,545,148
$
13,842,033
$
42,717,022
$
74,104,203
$
16,045,148
$
13,842,033
$
42,567,022
$
72,454,203
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...........................................................................$
13,164,335
6,163,941 2,262,872
133,500 136,170 151,795 356,563
TUESDAY, FEBRUARY 21, 1989
1229
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$
Per Diem, Fees and Contracts......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
91,853 153,900 1,178,700 2,675,977
0 13,305,271 12,874,196
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....................................................................$
397,276 29,100 13,000 0 0 40,000 63,625 8,000 23,800
3,500,000 4,074,801
290,139
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
$
4,074,801
$
4,418,356
$
841,577
$
1,118,865
$
408,023
$
344,845
$
6,173,605
$
17,380,072
290,139
4,418,356 821,577
1,019,865
408,023
344,845
5,861,530 13,164,335
Section 30. 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 31. Public Service Commission. Budget Unit: Public Service
Commission..................................
Departmental Operations Budget: Personal Services.............................................. Regular Operating Expenses......................... Travel................................................................. Motor Vehicle Purchases ................................
7,339,828
5,870,419 394,861 220,100 57,900
1230
JOURNAL OF THE HOUSE,
Equipment.......................... ....................................1.....,...................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
53,364 341,800 278,825 113,300 1,250,000 8,580,569 7,339,828
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation Utilities Total
1,596,604 2,766,949 4,217,016 8,580,569
1,596,604
$
1,649,352
4,093,872
7,339,828
Section 32. Board of 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....................................................................$
669,316,844
712,544,198 100,000,000
194,877,978 116,000,000 10,000,000
333,975 368,841
0 0 0 1,020,000 1,135,144,992 27,160,771 216,000,000 219,640,077 3,027,300 669,316,844
B. Budget Unit: Regents Central Office and Other Organized Activities...............................................................!
Regents Central Office and Other Organized Activities Budget: Personal Services: Elduc., 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.............,.....................................................!
140,148,964
182,996,989 56,589,452 80,767,375 25,816,168
267,521 1,693,360 1,251,877
TUESDAY, FEBRUARY 21, 1989
1231
Capitation Contracts for Family Practice Residency.........................................................!
Residency Capitation Grants.........................................................$ Student Preceptorships..................................................................! Center for Rehabilitation
Technology ............1......................................................................$ 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....................................................................!
2,655,750 2,381,730
158,000
680,924 12,215,450
729,262 600,000 200,000
739,618
206,000 369,949,476
0 82,415,620 146,829,192
555,700 140,148,964
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
1,823,150 3,469,274 1,217,689 96,148,375 5,718,590 48,307,462 45,928,134 133,121,511 2,833,608 2,299,285 5,545,918 1,743,722 2,181,920 19,610,838 369,949,476
1,136,242 1,569,274
896,990 11,612,620 1,807,928 32,300,675 31,201,434 31,204,296
2,833,608 466,285
5,545,918 0
57,270 19,516,424 140,148,964
C. Budget Unit: Georgia Public Telecommunications Commission................
Public Telecommunications Commission Budget:
6,168,939
1232
JOURNAL OF THE HOUSE,
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................$
5,135,068 5,247,823 10,382,891 4,213,952 6,168,939
Section 33. 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 FICA.......................,..............................................................$ Grants to Counties/Appraisal
Staff ...............................................................................................$ Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
67,951,948
42,862,263 3,859,658 1,467,725
156,600 604,445 8,287,721 2,621,859 609,037 215,000
1,769,340
1,430,000 5,230,750 2,682,550 71,796,948 3,845,000 67,951,948
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
4,490,016 9,370,301
4,991,947 13,999,788 7,723,662 16,681,034 6,037,853 4,174,472 4,327,875 71,796,948
4,490,016 9,170,301 4,773,947 13,699,788 6,766,662 15,049,034 6,037,853 4,093,472 3,870,875 67,951,948
Section 34. 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....................
20,717,464 13,424,337 2,381,489
229,000 134,000 80,520 603,675 2,171,939 267,642 674,862 750,000 20,717,464 20,717,464
TUESDAY, FEBRUARY 21, 1989
1233
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
2,929,039 4,618,544
3,726,389
1,432,365 875,519 178,828
6,956,780 20,717,464
2,929,039 4,618,544
3,726,389
1,432,365 875,519 178,828
6,956,780 20,717,464
Occupational Certification Functional Budgets
Board Costs
Cost of Operations
S.B. of Accountancy S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers G.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors S.B. of Registration for Foresters S.B. of Funeral Services S.B. of Registration for Professional Geologists S.B. of Hearing Aid Dealers and Dispensers G.B. of Landscape Architects S.B. for the Certification of Librarians Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners S.B. of Nursing Home Administrators G.B. of Nursing S.B. of Dispensing Opticians S.B. of Examiners in Optometry
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
12,200 78,700 8,600
18,000
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
67,614 870,040 39,798
63,302
1234
JOURNAL OF THE HOUSE,
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
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
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 .........................................................$ Travel ......................,.................................,..,....................................$ Motor Vehicle Purchases ...............................................................$ Equipment................................ ........................................................$ Computer Charges..................................,......,.................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts .....................,................................$ Total Funds Budgeted....................................................................! State Funds Budgeted......,.............................................................!
1,465,035
826,001 138,070 12,000 17,000 10,510 286,354 57,300 16,800 101,000 1,465,035 1,465,035
Real Estate Commission Functional Budget
State Funds
Cost of Operations
Real Estate Commission
$
1,465,035
1,505,035
Section 35. 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........................................................................
1,610,570
755,420 134,236 49,000
0 12,400 7,750
TUESDAY, FEBRUARY 21,1989
1235
Real Estate Rentals .................,..................................,...................$ Telecommunications.........................,.........................,......,............! Per Diem, Fees and Contracts ............,........,...................,............$ County Conservation Grants.........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted.,.......,..........................................................!
44,276 15,360 125,732 466,396 1,610,570 1,610,570
Section 36. Student Finance Commission. Budget Unit: 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....................................................................!
19,433,282
3,683,982 355,435 57,000 0 19,395 392,701 125,554 18,000 307,500
3,817,200 12,777,540 5,076,500
40,000
112,000 200,000
344,000
550,000 27,876,807 19,433,282
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total
4,652,067
307,500
22,917,240 27,876,807
0
160,000
19,273,282 19,433,282
Section 37. 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.........................................,............!
3,325,000
2,510,686 243,000 25,500 13,850 924,638 302,500 85,000 300,000
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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....................................................................$
2,425,000
900,000
0 7,730,174 3,325,000
Section 38. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education..............................................$
Department of Technical and Adult Education Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................$ 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....................................................................$
108,378,049
3,271,872 318,568 105,000 0 25,100 119,684 376,180 67,991
1,471,018 62,908,040 9,552,749
0 4,945,908 31,486,349 2,621,863 5,653,680 122,924,002 108,378,049
Institutions Functional Budgets
Total Funds
State Funds
Administration Institutional Programs Total
$
5,755,413
$117,168,589
$
122,924,002
$
3,823,322
$104,554,727
$ 108,378,049
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........................................ Equipment................................................................. Computer Charges.................................................... Real Estate Rentals................................................. Telecommunications................................................ Per Diem, Fees and Contracts............................... Capital Outlay..........................................................
473,639,981
201,992,382 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
TUESDAY, FEBRUARY 21, 1989
1237
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....................
9,317,013 9,317,000
1,285,000
1,270,000 10,617,972
1,240,000
1,575,000 31,000,000 798,670,594 473,639,981
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
$
513,967,980
$ 210,315,522
$
5,980,771
$
9,317,013
$
18,961,039
$ 758,542,325
$ 221,388,676
$ 198,120,826
$
5,305,771
$
9,317,013
$
18,631,039
$ 452,763,325
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 1,499,044
15,467,225
2,815,000 10,280,000 40,128,269
$
317,000
750,000 999,044
5,715,612
2,815,000 10,280,000 20,876,656
Section 40. Department of Veterans Service.
Budget Unit: Department of Veterans
Service...................................................
Departmental 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..............................................................
Operating Expense/Payments to
Central State Hospital..............................................
Operating Expense/Payments to
Medical College of Georgia......................................
17,342,602
4,376,930 105,096 89,000 0 90,300 4,142 218,397 58,500 45,400 0
10,444,943
5,396,062
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JOURNAL OF THE HOUSE,
Regular Operating Expenses for Projects and Insurance-
Total Funds Budgeted............ State Funds Budgeted............
118,000 20,946,770 17,342,602
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total
4,912,765
10,558,943
5,475,062 20,946,770
4,682,128
8,435,912
4,224,562 17,342,602
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 ........................................................................I Telecommunications .......................................................,...............$ Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
7,481,358
5,907,878 258,241 62,000 0 43,142 418,357 593,985 95,700 152,055
7,531,358 7,481,358
Section 42. State of Georgia General
Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia
General Obligation Debt Sinking Fund (Issued)........................................! B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)...........................................!
269,814,322 16,428.100
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
TUESDAY, FEBRUARY 21, 1989
1239
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 Judi cial 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 Administra tive Services. The Department of Administrative 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.
Section 50. Provisions Relative to Section 14, Department of Correc tions. From the Appropriations in Section 14, The Department of Corrections is authorized to hire three (3) additional positions at each of two existing Probation Detention Centers and 48 positions at each other Probation Detention Center.
From the Appropriations in Section 14, the Department of Corrections is authorized to hire five (5) additional positions in Food and Farm Operations.
The Georgia Correctional Industries Authority is authorized to construct a central office and warehouse.
The General Assembly hereby approves and ratifies capital outlay expenditures by Georgia Correctional Industries Administration for the pending construction of the warehouse facility in Dekalb County, Georgia, (in an amount not to exceed $ 1,700,000).
Section 51. Provisions Relative to Section 16, State Board of Education - Department 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 set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event 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.
1240
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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 oneeijhteenth 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 21, Department of Human Resources. The Department of Human Resourses 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 53. Provisions Relative to Section 27, PMerit System of Per sonnel Administration. The Department is authorized to assess no more than $153.75 per merit system budgeted position for the cost of departmental operations.
For the purpose of increasing the employer contribution to the state employees health insurance fund from existing appropriations, there is hereby appropriated from each existing object class appropriation, from which such contributions have been funded, an amount equal to 125 percent of the employer contribution actually paid from such object class for the first quarter of Fiscal Year 1988-1989, and to the extent not so committed by rate increase, to remain appropriated for the general purposes of the object class.
TUESDAY, FEBRUARY 21, 1989
1241
Section 54. Provisions Relative to Section 28, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 28 (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 28.
From the appropriation in Section 28 (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 28, 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 55. Provisions Relative to Section 32, Board of Regents, Univer sity 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 29, PDepartment of Public Safety. The Police Academy is to expend funds for the purposes of the Coroner's Training Courses.
Section 57. Provisions Relative to Section 33, Department of Revenue. From the appropriation in Section 33 (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 58. Provisions Relative to Section 38, Department of Technical and Adult Education. None of the State funds appropriated in Section 38 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 59. Provisions Relative to Section 39, Department of Trans portation. 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 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
1242
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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 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; 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 matter.
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 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.
TUESDAY, FEBRUARY 21, 1989
1243
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 65. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 66. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
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 by 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 provisions, 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, 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.
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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 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. Provisions Relative to Section 42, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 42 for "State of Georgia General Obligation Debt Sinking Fund (New)", the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirments of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,016,000 is specifically appropriated for the purpose of financing mainframe computers for the Department of Administrative Services, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,900,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,523,600 is specifically appropriated for the purpose of financing equipment and furnishings for the newly constructed buildings of the Department of Technical and Adult Education at North Metro, Altamaha, Moultrie, and Swainsboro Technical Institutes, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,515,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $199,200 is specifically appropriated for the purpose of financing equipment for the new laundry facility of the Department of Human Resources at Gracewood State School and Hospital, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $830,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,346,300 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, to wit: unfunded capital outlay for incentive advanced funding for for local school systems, through the issuance of not more than $21,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $660,000 is specifically appropriated for the purpose
of financing a facility at the Georgia Institute of Technology of the Board of Regents of the University System of Georgia, which may be used in conjunction with research in
TUESDAY, FEBRUARY 21, 1989
1245
paper chemistry and paper technology, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection wherewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not is excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $220,000 is specifically appropriated for the purpose of financing rock and dirt removal related to construction at the Georgia Training and Development Center of the Department of Corrections at Buford, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $198,000 is specifically appropriated for the purpose of financing construction of a new prison in Hancock County, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $121,000 is specifically appropriated for the purpose of financing the purchase of a facility to become the new Atlanta Advancement Center of the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $216,000 is specifically appropriated for the purpose of financing computer and computer related equipment for the Department of Revenue, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $429,000 is specifically appropriated for the purpose of financing a shock incarceration unit in Treutlen County for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $99,000 is specifically appropriated for the purpose of financing warehouse facilities for the Department of Corrections at Middle Georgia Correctional Institute, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,400,000 is specifically appropriated for the purpose of financing penal and correctional facilities for the Department of Corrections, by
1246
JOURNAL OF THE HOUSE,
means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
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 Services 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. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1989.................................................................................$ 6,399,179,662
Section 75. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 76. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 118.
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron YAbernathy Y Adams NAiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B YBarnett.M Y Beck Y Benefield YBenn YBirdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Buck
Y Buford Y Byrd Y Carrell Y Carter Y Chamblew Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell Y Couch
Coi
Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G N Davis.M Y Diion,H Y Diion.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmea Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson ,J Y Jackson,W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson
Lee Y Linder Y Long Y Lord Y Lucas Y Lupton
Y Mangura Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
TUESDAY, FEBRUARY 21, 1989
1247
Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinks ton YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding
Y Richardson Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F
On the motion, the ayes were 160, nays 2. The motion prevailed.
Y Stancil.S Stanley Steele
Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams,J Y Yates
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.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 611. By Representative Holmes of the 28th:
A bill to amend Code Section 45-18-36 of the Official Code of Georgia Annotated, relating to salary deductions to be instituted by payroll departments at request of employees, so as to provide for confidentiality of individual account records.
The following amendment was read and adopted:
Representative Groover of the 99th moves to amend HB 611 by striking line 23 on page 1 in its entirety and substituting in lieu thereof the following:
"of this article or in cases where a subpoena has been issued for the purpose of discovery or as otherwise authorized in writing by".
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck
Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L
Colbert
Y Coleman Y Colwell Y Connell
Y Couch Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover YDunn Y Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jacksop.J
Y Jackson, W Jamieson
Y Jenkins
Johnson Y Jones Y Kilgore
1248
JOURNAL OF THE HOUSE,
Y Kingston Y Lane.D Y Lane.R
Langford 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.B
Y McKinney.C Y Meadows Y Milam Y Mobley
Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten
Y Pettit Pinkston
Y Poag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson
Ricketson Robinson Y Royal Selman Simpson
Y Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 620. By Representatives Alford of the 57th, Lucas of the 102nd, Watts of the 41st and Barnett of the 10th:
A bill to amend Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general minimum requirements for organization of a fire department, so as to change such minimum requirements.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 813. By Representatives Ware of the 77th, Groover of the 99th, Robinson of the 96th, Colbert of the 23rd, Watson of the 114th 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 for an impact assessment of mandatory accident and sickness insurance coverage; to provide for a short title.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for an impact assessment of legislative proposals mandating health insurance benefits; to provide for a short title; to provide for legislative intent; to provide a definition; to provide for standards for assessing the impact of a mandated insurance coverage; to provide that the Commissioner of Insurance may conduct hearings and shall submit reports to the Governor and presiding officers of both houses of the General Assembly; to provide for promulgation of rules and regulations by the Commissioner of Insurance; 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 designating Code Sections 33-24-1 through 33-24-51 as Article 1 and by adding a new Article 2 to read as follows:
TUESDAY, FEBRUARY 21, 1989
1249
"ARTICLE 2
33-24-60. This article shall be known and may be cited as the 'Assessment of Proposed Accident and Sickness Insurance Coverage Act.'
33-24-61. It is the intent of the General Assembly to encourage health care cost containment while preserving the quality of care offered to citizens of this state. The General Assembly finds that there is an increasing number of proposals which mandate that certain health insurance benefits be provided by insurers as components of individual and group accident and sickness insurance policies. The General Assembly further finds that many of these health insurance benefits provide beneficial social and health consequences which may be in the public interest. However, the General Assembly also recognizes that most mandated health insurance benefits contribute to the increasing cost of accident and sickness insurance premiums. Therefore, it is the intent of the General Assembly to conduct a systematic review of proposed mandated or mandatorily offered health insurance benefits and to establish guidelines for such a review. This review will assist the General Assembly in determining whether mandating a certain health insurance benefit is in the public interest.
33-24-62. As used in this article, the term 'health insurance benefit bill' means any legislative proposal which either mandates the inclusion of certain benefits, coverages, or reimbursements for covered health care services in accident and sickness insurance policies or provides for the mandatory offering of such benefits, coverages, or reimbursements in accident and sickness insurance policies.
33-24-63. (a) Every health insurance benefit bill, to be determined by the presiding officer of the House of Representatives or the Senate, shall be subject to review by the
General Assembly prior to enactment as provided in this article. The Clerk of the House or the Secretary of the Senate shall deliver such bill or bills to the Commissioner of Insurance within five days after such legislation has been read for the first time.
(b) The Commissioner of Insurance shall issue a report on each health insurance benefit bill which assesses, if possible, the financial effects of the health insurance bene-
fit proposed in such bill. The Commissioner, upon completion of said report, shall deliver a copy thereof to the Governor and to the presiding officer of both houses of
the General Assembly. 33-24-64. The report required under Code Section 33-24-63 for assessing the impact
of a health insurance benefit bill shall address the financial impact of such legislation by obtaining, at the minimum and to the extent that the information is available, the following:
(1) To what extent will the benefit increase or decrease the cost of the treatment or service;
(2) To what extent will the benefit increase the appropriate uses of the treatment
or service; (3) To what extent will the benefit be a substitute for a more expensive treatment
or service; (4) To what extent will the benefit increase or decrease the administrative expense
of insurers or premium of the policyholders; and (5) The impact of this coverage on the total cost of insurance premiums or health
care to health insurance policyholders, including the impact of all indirect costs, which
are costs other than premiums and administrative costs, on the question of benefit costs and benefits of coverage.
33-24-65. The Commissioner of Insurance, upon receiving a certified copy from the Clerk of the House or the Secretary of the Senate of the bill or bills as provided in Code
Section 33-24-63, may in his discretion convene a public hearing within ten calendar days after receipt in order to obtain any information necessary to allow the Commis-
sioner a basis upon which to prepare the report required by this article. If the Commissioner convenes a public hearing, he shall give such notice as is reasonable under the
circumstances and, in all other respects, shall conduct such hearing in accordance with Chapter 2 of this title.
33-24-66. (a) The Commissioner shall compile all evidence, testimony, and informa-
tion necessary to prepare the report required by Code Section 33-24-63. The Commis-
sioner may include in this report studies, reviews, or evaluations of similar legislation
1250
JOURNAL OF THE HOUSE,
completed by other states or any department of the government of the United States of America and any evaluations performed by the staff of the Department of Insurance.
(b) Within 20 days of the date of receipt of the health insurance benefit bill, the Commissioner shall issue the report required in Code Section 33-24-63. If a public hearing was conducted, the report shall contain a concise statement of the information revealed at the public hearing and may include copies of any document or documents presented at the public hearing and any other information deemed necessary by the Commissioner.
33-24-67. The Commissioner shall promulgate all rules and regulations necessary or appropriate to the administration and enforcement of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L
Colbert Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford Crosby
Y Cummings,B Y Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey Randall Ransom YRay
Y Reaves Y Redding Y Richardson
Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Titus Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 626. By Representative Lane of the 27th:
A bill to amend Code Section 43-5-15 of the Official Code of Georgia Annotated, relating to the termination date of the Georgia Board of Athletic Trainers, so as to change said termination date.
TUESDAY, FEBRUARY 21, 1989
1251
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to change the provisions relative to reciprocity with other states; to delete the provisions relating to the issuance of licenses to persons who were actively engaged as athletic trainers; to provide that licenses shall expire biennially; to authorize continuing education as a condition for license renewal; to change the termination date of the Georgia Board of Athletic Trainers; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking subsection (b) of Code Section 43-5-8, relating to the qualifications of applicants and reciprocity, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) An out-of-statc applicant muat fulfill one ef th qualifications stated in paragraphs ft) through 4S) in subsection fa) ef this Code section. This state The board shall be authorized to grant a license, without examination, to any qualified nonresident athletic trainer holding a license in another state if such other state recognizes licensees of this state in the same manner."
Section 2. Said chapter is further amended by striking subsection (c) of Code Section 43-5-9, relating to applications for licenses and issuance to qualified persons, which reads as follows:
"(c) Any person actively engaged as an athletic trainer on March 30, 1977, shall be issued an athletic trainer's license if that person makes application therefor no later than July 1, 1983, submits proof of five years of experience as an athletic trainer within the preceding ten-year period, and pays the license fee required by this chapter." in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Licenses issued by the board shall expire biennially. As a condition of license renewal, the board shall be authorized to require licensees to complete continuing education courses approved by the board."
Section 3. Said chapter is further amended by strking Code Section 43-5-15, relating to the termination date of the Georgia Board of Athletic Trainers, in its entirety and substituting in lieu thereof a new Code Section 43-5-15 to read as follows:
"43-5-15. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Athletic Trainers shall be terminated on June 30, 1989 1995, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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 Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Benefield Benn Y Birdsong
1252
JOURNAL OF THE HOUSE,
Bishop Y Bostick Y Branch
Y Breedlove
Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Y Carter
Y Chambless
Y Chance
Y Cheeks
Y Childers
Clark.B
Y Clark.H
Y Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C
Davis.G
Y Davis.M
Y Dixon.H
Dixon.S
Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart
Felton
Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Hamilton
Hanner
Harris Y Hasty
Y Heard Herbert
Y Holcomb
Y Holland Holmes
Y Hooks
Y Howren Y Hudson Y Irwin
Isakson Y Jackson.J
Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane,R
Y Langford
Lawrence
Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody
Y Moore Y Morton
Moultrie
Y Mueller Oliver.C
Y Oliver.M
YOrr
Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish
Patten
Y Pettit Pinks ton
YPoag
Y Porter
Y Poston Y Powell Y Rainey Y Randall
Ransom YRay Y Reaves
Y Redding
Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,? Y Smith.T
Y Smith.W Y Smyre
YSnow
Y Stancil.F
Y Stancil.S
Stanley Y Steele
Y Stephens Y Teper Y Thomas.C
Y Thomas.M
Thompson
Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 616. By Representatives Colwell of the 4th and Foster of the 6th:
A bill to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationers to inform their probation supervisors of their places of residence and whereabouts and violations in connection therewith, so as to change the provisions relative to the tolling of sentences.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford
Y Alien
Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B
Barnett.M
Beck
Y Benefield
Y Benn
Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove
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 Y Clark.L
Colbert Y Coleman
Y Colwell
Y Connell Y Couch
Cox
Y Crawford
Crosby Y Cummings.B
Cummings.M Y Davis.C
Davis.G Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Felton
Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham
Y Griffin
Groover Hamilton
Hanner
Harris Y Hasty Y Heard
Herbert Y Holcomb
Holland Y Holmes Y Hooks Y Howren
Y Hudson
Y Irwin Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee
Y Linder
YLong
YLord
TUESDAY, FEBRUARY 21, 1989
1253
Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore
Y Morton
Moultrie
Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish
Patten
Y Pettit Pinkston
Y Poag Y Porter
Y Poston Y Powell
Y Rainey
Y Randall Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Robinson Y Royal Selman
Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Steele Y Stephens Y Teper
Y Thomas.C
Y Thomas.M
Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs
Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HR 218. By Representative Smith of the 78th: A resolution compensating Mr. Charles W. England.
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 Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett.B
Y Barnett,M
Beck Y Benefield YBenn
Y Birdsong
Bishop Y Bostick Y Branch
Y Breedlove
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
Colbert Y Coleman Y Colwell
Y Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards
Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee
Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard
Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson.W Jamieson
Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Linder YLong Y Lord Y Lucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie
Mueller Oliver.C Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston
YPoag Porter
Y Poston Y Powell
Rainey Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield
Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Smyre
YSnow Y Stancil.F Y Stancil.S
Stanley
Y Steele Y Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L
Y Wall Y Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B Y Williams,J
Yates 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.
1254
JOURNAL OF THE HOUSE,
Representative Ricketson of the 82nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 90. By Representative Aaron of the 56th: A resolution compensating Mr. Marvrick Long.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 90 by deleting on lines 16 and 22 of page 1 the figure $3,500.00 and inserting in lieu thereof the figure $342.36.
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 Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey
Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C
Davis,G Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards N Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover N Hamilton
Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson
Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawrence Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore N Morton
Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Patten
Y Pettit Pinkston
YPoag Y Porter Y Poston Y Powell Y Rainey YRandall
Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Y Sinkfield Y Smith,L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F N Stancil,S
Stanley N Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson
Y Thurmond Y Titus
N Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, as amended, the ayes were 150, nays 7.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 511. By Representative Dunn of the 73rd:
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 cancellation of an existing insurance policy shall be effective on the effective date of a replacement policy under certain circumstances.
TUESDAY, FEBRUARY 21, 1989
1255
The following amendment was read and adopted:
Representative Dunn of the 73rd moves to amend HB 511 by adding on line 17 of page 2 after the word "policy" and before the period the following:
"; provided, however, if the existing insurer has paid a claim on behalf of the insured after such insured has obtained a replacement policy but prior to receiving from the insured the original existing policy or a written request for cancellation of such policy, the existing insurer shall be entitled to reimbursement from the insurer providing the replacement policy for the amount paid on such claim".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Beck Benefield
YBenn Y Btrdsong Y Bishop
Bostick Branch Y Breedlove Y Brooks Y Brown Buck
Y Buford YByrd Y Carrell
Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Couch Cox Crawford Y Crosby Y Cummings.B Cummings,M Y Davis.C Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder YLong Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Y Pettit Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Williams,J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industrial Relations and referred to the Committee on Judiciary:
HB 891. By Representative Thomas of the 69th:
A bill to amend Code Section 34-9-200.1 of the Official Code of Georgia Annotated, relating to rehabilitation benefits and effect of employee's refusal of treatment in workers' compensation cases, so as to provide that the employer, its insurer, or the injured employee shall assess the need for rehabilitation within a certain time period after notification of injury.
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JOURNAL OF THE HOUSE,
Representative Thomas of the 69th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 616.
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 499. By Representatives Foster of the 6th, Colwell of the 4th, Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th and others:
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 overcrowding of the prison system may create an emergency requiring additional correctional facilities either of a permanent type of construction or of a temporary or movable type.
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 House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 449 Do Pass HB 629 Do Pass SB 147 Do Pass
Respectfully submitted, /s/ Mangum of the 57th
Chairman
Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks 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 106 Do Pass
Respectfully submitted, /s/ Rainey of the 135th
Chairman
Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
TUESDAY, FEBRUARY 21, 1989
1257
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 242 Do Pass, by Substitute HB 582 Do Pass
SB 37 Do Pass, by Substitute SB 165 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Dover of the llth District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 686 Do Pass
Respectfully submitted, /s/ Dover of the llth
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 817 Do Pass SB 102 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 213 Do Pass SB 200 Do Pass HB 409 Do Pass, by Substitute
Respectfully submitted, 1st Jackson of the 9th
Chairman
1258
JOURNAL OF THE HOUSE,
Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 716 Do Pass HB 617 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
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, FEBRUARY 22, 1989
1259
Representative Hall, Atlanta, Georgia Wednesday, February 22, 1989
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 Elder Walter L. Pearson, Senior Pastor, Berean Seventh Day Adventist Church, Atlanta, Georgia.
Representative Byrd of the 153rd, Vice-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 905. By Representatives Buford of the 103rd, Birdsong of the 104th, Lucas of the 102nd, Randall of the 101st and Pinkston of the 100th: A bill to amend an Act creating the Middle Georgia Coliseum Authority, so as to increase the amount of revenue bonds which the authority is empowered to issue; to prohibit the issuance of additional bonds except as authorized by this Act.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 906. By Representatives Buford of the 103rd, Groover of the 99th, Jenkins of the 80th, Lucas of the 102nd, Randall of the 101st and others: A bill to amend an Act providing for supplements to the salaries of the judges and district attorney of the superior courts of the Macon Judicial Circuit, so as to change the amount of supplemental salaries authorized to be paid to such district attorney.
Referred to the Committee on State Planning & Community Affairs - Local.
1260
JOURNAL OF THE HOUSE,
HB 907. By Representatives Watts of the 41st and Murphy of the 18th:
A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Paulding County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 908. By Representative Bostick of the 138th:
A bill to amend Article 9 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts serving as municipal courts, and to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the provisions relating to maximum periods of confinement or imprisonment which may be imposed for violation of municipal ordinances.
Referred to the Committee on Special Judiciary.
HB 909. By Representative Ricketson of the 82nd:
A bill to amend an Act creating a new charter for the City of Warrenton, so as to change certain provisions creating the governing body of Warrenton; to provide for election of a mayor, mayor pro tern., and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 910. By Representative Ricketson of the 82nd:
A bill to amend an Act placing the sheriff of Warren County on an annual salary in lieu of the fee system of compensation, so as to authorize the sheriff to appoint three deputy sheriffs upon the approval of the Board of Commissioners of Warren County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 911. By Representative Selman of the 32nd:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to provide for the nonpartisan election of the Fulton County superintendent of schools.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 912. By Representative Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for regulation by the Public Service Commission of operators of limousine services.
Referred to the Committee on Industry.
HB 913. By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Lake Park, so as to provide for the election and terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
WEDNESDAY, FEBRUARY 22, 1989
1261
HB 914. By Representatives Smith of the 152nd, Byrd of the 153rd and Moody of the 153rd:
I
A bill to amend an Act providing for the election of members of the Board
;
of Education of Brantley County, so as to change the provisions relating to
\
the compensation of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:
HB 915. By Representative Colbert of the 23rd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local governments, so as to provide procedures for the classification of certain group residences as single-family residences; to provide a definition; to require that certain group residences which house developmentally disabled persons be classified for zoning purposes as single-family residences.
Referred to the Committee on State Planning & Community Affairs.
HB 916. By Representatives Watts of the 41st, Kilgore of the 42nd, Walker of the 115th and Dover of the llth:
A bill to amend Code Section 40-5-84 of the Official Code of Georgia Annotated, relating to the reinstatement of a license suspended for certain offenses or for points, so as to provide that the reinstatement of a license after suspension shall require the completion of an approved defensive driving course or approved advanced defensive driving course.
Referred to the Committee on Transportation.
HB 917. By Representative Parham of the 105th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to authorize compensatory salary adjustments to those former educators of a local board of education who transferred employment to Central State Hospital; to authorize transfer of sick leave accumulated in the former employment with a local board of education.
Referred to the Committee on State Institutions & Property.
HB 918. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to authorize the governing authority of Bartow County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 919. By Representatives Pettit of the 19th and Childers of the 15th: A bill to provide for the board of elections of Bartow County.
Referred to the Committee on State Planning & Community Affairs - Local.
1262
JOURNAL OF THE HOUSE,
HB 920. By Representatives Orrock of the 30th and Benn of the 38th:
A bill to amend an Act amending an Act providing appropriations for the fiscal year 1978-79, so as to repeal the provision of said Act that schoolchildren in scheduled and supervised groups shall not be required to pay any admission fee to tour the Cyclorama.
Referred to the Committee on Appropriations.
HB 921. By Representative Pettit of the 19th:
A bill to amend an Act creating a new charter for the City of Cartersville, so as to change certain provisions pertaining to the number of city councilmen and school board members; to fix and prescribe terms of office of the mayor, city councilmen, and school board members.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 922. By Representatives Pettit of the 19th, Langford of the 7th and Childers of the 15th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a third judge of the superior courts of the Cherokee Judicial Circuit; to provide for the appointment of such additional judge by the Governor.
Referred to the Committee on Judiciary.
HB 923. By Representatives Byrd of the 153rd, Greene of the 130th and Porter of the 119th:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 924. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner and the provisions relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 925. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner and the provisions relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 926. 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 provide for the method by which salaries of the judges of such courts are set.
Referred to the Committee on State Planning & Community Affairs - Local.
WEDNESDAY, FEBRUARY 22, 1989
1263
HB 927. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act placing certain of the county officers of Barlow County upon an annual salary, so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court, artd judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 928. By Representatives Pettit of the 19th and Childers of the 15th:
A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, so as to change the compensation of the chief magistrate and the provisions related thereto.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 929. By Representative Pettit of the 19th:
A bill to provide for a homestead exemption from all City of Cartersville ad valorem taxes, except ad valorem taxes specifically levied to pay interest on and retire bonded indebtedness, in the amount of $20,000.00 on the homestead of each resident of such city who is 62 years of age or older or totally disabled.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 930. By Representatives Hamilton of the 124th, Pannell of the 122nd, Snow of the 1st, Lawrence of the 49th and Williams of the 48th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the determination of millage rates by counties, municipalities, school districts, and other political subdivisions; to provide for definitions; to provide for the certification of taxable values and millage rates by local tax officials.
Referred to the Committee on Ways & Means.
HB 931. By Representatives Thomas of the 31st, Martin of the 26th, McKinney of the 40th, McKinney of the 35th and Orrock of the 30th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to natural resources, so as to enact the "Hazardous Materials Safety Act"; to provide for a short title.
Referred to the Committee on Natural Resources & Environment.
HB 932. By Representatives Davis of the 29th, McKinney of the 40th, McKinney of the 35th, Brooks of the 34th and Thomas of the 31st:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to provide that resident commissioners in cities with a population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall be voting members.
Referred to the Committee on State Planning & Community Affairs - Local.
1264
JOURNAL OF THE HOUSE,
HB 933. By Representatives Thomas of the 31st, Davis of the 29th, Teper of the 46th and Cummings of the 134th:
A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, known as "The Georgia Air Quality Act of 1978," so as to require the preparation of certain reports as a condition necessary for the issuance of permits; to change the provisions relating to the issuance of permits; to provide that notices of pending applications for permits and other information shall be sent to certain counties, municipalities, and interested persons.
Referred to the Committee on Natural Resources & Environment.
HB 934. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act to grant a new charter to the City of Young Harris, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 935. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to judicial sales, so as to provide for the prepayment of certain administrative costs as a condition for conducting a judicial sale; to provide for a limitation on and an exception to such requirement.
Referred to the Committee on Judiciary.
HB 936. By Representative Athon of the 57th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income under the Georgia income tax law, so as to provide that military pay and pay as a civilian employee of the United States Department of Defense for service outside the United States shall be deducted from taxable net income.
Referred to the Committee on Ways & Means.
HB 937. By Representatives Porter of the 119th and Parrish of the 109th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for magistrates of Georgia; to provide for a short title.
Referred to the Committee on Retirement.
HB 938. By Representative Dunn of the 73rd:
A bill to amend Code Section 49-5-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Children and Youth Act," so as to change the definition of "family day-care home".
Referred to the Committee on Health & Ecology.
HR 312. By Representatives Moore of the 139th, Murphy of the 18th, Mangum of the 57th, Buck of the 95th, Herbert of the 76th and others:
A resolution urging the State Board of Education and the State Board of Technical and Adult Education to improve interagency coordination through the establishment of special liaison committees to be comprised of representatives from each board.
Referred to the Committee on Education.
WEDNESDAY, FEBRUARY 22, 1989
1265
HR 313. By Representative Parham of the 105th:
A resolution creating the House Certificate of Need for Traumatic Brain Injury Facilities Study Committee.
Referred to the Committee on Rules.
HR 314. By Representative Pettit of the 19th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the Board of Commissioners of Bartow County.
Referred to the Committee on State Institutions & Property.
HR 315. By Representatives Ransom of the 90th, Aiken of the 21st, Vaughan of the 20th, Padgett of the 86th, Brown of the 88th and others:
A resolution proposing an amendment to the Constitution so as to provide that the composition of the governing authority of counties and municipalities may be changed only upon approval by a majority of the qualified voters voting in the county or municipality affected.
Referred to the Committee on Governmental Affairs.
HR 316. By Representatives Thomas of the 69th and Jackson of the 9th: A resolution creating the Joint Title 40 Study Committee.
Referred to the Committee on Motor Vehicles.
HR 317. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th:
A resolution creating the Joint Evidence Study Committee.
Referred to the Committee on Judiciary.
HR 318. By Representatives Orrock of the 30th, Oliver of the 53rd, Martin of the 26th, Aaron of the 56th, Atkins of the 21st and others:
A resolution directing the House Committee on Industrial Relations to undertake a study relative to the family and medical leave policies of employers.
Referred to the Committee on Industrial Relations.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 880 HB 881 HB 882 HB 883
HR HB
888806
HB 887
HB 888
HB 889
HB 890 HB 891 HB 892 HB 893
HM_B 8m899t4> HB 896 HB 897 HB 898
1266
JOURNAL OF THE HOUSE,
HB 899 HB 900 HB 901 HB 902 HB 903 HB 904 HR 310 HR 311 SB 149
SB 275 SB 294 SB 341 SR 70 SR 120 SR 122 SR 126 SR 127 SR 132
Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 885 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative McDonald of the 12th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 145 Do Pass, by Substitute SB 159 Do Pass
Respectfully submitted, /s/ McDonald of the 12th
Chairman
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 House and has instructed me to report the same back to the House with the following recommendations:
HB 415 Do Pass, by Substitute HB 667 Do Pass, by Substitute HB 731 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman
WEDNESDAY, FEBRUARY 22, 1989
1267
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 175 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 45 Do Pass, by Substitute
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of f,he 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 855 Do Pass HB 856 Do Pass HB 857 Do Pass HB 858 Do Pass HB 859 Do Pass HB 861 Do Pass HB 865 Do Pass HB 866 Do Pass HB 867 Do Pass
HB 868 Do Pass HB 869 Do Pass HB 870 Do Pass HB 871 Do Pass HB 872 Do Pass HB 874 Do Pass HB 875 Do Pass SB 331 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 22, 1989
Mr. Speaker and Members of the House:
1268
JOURNAL OF THE HOUSE,
The House Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:
HB 75 HB 124 HB 166 HB 195 HB 214 HB 223 HB 248 HB 314 HB 319 HB 400 HB 449 HB 501 HB 503 HB 566 HB 768 HB 876
Hazardous Waste Permits: Refusal by County or Municipality Mortgages: Recording: Address Requirement Teachers/School Bus Drivers: Abuses: Prohibitions Food: Misleading Advertisements: Change Provisions Labor: Department of: Supplemental Appropriation World Congress Center: Revenue Bonds Local Governments: Indebtedness: File Annual Report Motor Vehicle Service Contracts: Regulation Workers' Compensation: Recovery Against Third Party Tort-Feasors Elections: Certain Registrars Issue New Cards QBE: Middle School Grants: Adjustments Motor Vehicle Insurance: Nonresidents: Certain Exemptions Podiatrists: Continuing Education Requirements Insurers: Transfer of Domicile Emp. Health Insurance: Hazardous Waste Mgt. Authority: Benefits General Assembly: Automatic Adjournment on Fridays
HR 115 Clarks Hill Lake: Designation
SB 141 Multiline Heavy Equipment: Dealers: Regulation SB 147 Local Boards of Education: Establish Sick Leave Pools SB 151 Financial Institutions: Filing Requirements
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE
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 855. By Representative Royal of the 144th:
A bill to amend an Act creating a new charter for the City of Camilla, so as to provide that a vacancy in the office of mayor or councilman shall be filled by special election.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 856. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Funston, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 22, 1989
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On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 857. By Representative Royal of the 144th:
A bill to amend an Act incorporating the City of Sale City in Mitchell County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 858. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to amend an Act creating the State Court of Bulloch County, so as to change the compensation of the judge and solicitor of said court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0,
The Bill, having received the requisite constitutional majority, was passed.
HB 859. By Representatives Chance of the 129th and Floyd of the 154th:
A bill to amend an Act incorporating the City of Riceboro in Liberty County, so as to change the provisions relating to the corporate limits of said city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 861. By Representatives Buck of the 95th, Robinson of the 96th, Bishop of the 94th, Steele of the 97th, Moultrie of the 93rd and others:
A bill to amend an Act establishing the State Court of Muscogee County, so as to change the compensation of the solicitor of said court; to change the provisions relating to the compensation of full-time assistant solicitors.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 865. By Representative Dixon of the 151st:
A bill to amend an Act providing a new charter for the City of St. Marys, so as to change the provisions relating to the filling of vacancies in the office of mayor or any councilmember.
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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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 866. By Representative Murphy of the 18th:
A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Haralson 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 867. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to provide authority for the imposition of county law library fees as a part of the court costs in the Magistrate Court of Polk 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 868. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to create a board of elections and registration for Polk County and provide for its powers and duties.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 869. By Representative Carrell of the 65th:
A bill to provide for the collection of an additional fee for the benefit of the Walton County Law Library on each case filed in the Magistrate Court of Walton 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 870. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act amending, consolidating, and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to establish the terms of office of the mayor and councilmen.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 871. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act creating a new charter for the City of Colbert, so as to establish the terms of office of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 872. By Representatives Clark of the 13th and Irwin of the 13th:
A bill to amend an Act incorporating the City of Ila in the County of Madison, so as to establish the terms of office of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 874. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act known as the "Newton County Water and Sewerage Authority Act," so as to change certain provisions relating to the membership of the Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 875. By Representative Stancil of the 66th: A bill to create the Morgan County Water and Sewerage Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 331. By Senators Burton of the 5th, Walker of the 43rd, Howard of the 42nd and others:
A bill to amend an Act creating a new charter for the City of Stone Mountain, as amended, so as to deannex certain territory from the corporate limits of said city.
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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 340. By Senators Barnes of the 33rd, Newbill of the 56th, Clay of the 37th and others:
A bill to provide for the Marietta-Cobb 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 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.
HB 668. By Representatives Thompson of the 20th, Atkins of the 21st, Vaughan of the 20th, Clark of the 20th, Howren of the 20th and others:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, so as to change the date upon which the commission will be abolished.
HB 736. By Representatives Buford of the 103rd, Birdsong of the 104th, Groover of the 99th, Lucas of the 102nd, Randall of the 101st and others:
A bill to amend an Act to provide a new charter for the City of Macon, so as to provide that newly elected mayors and council members shall take office on the second Tuesday of December following their election.
HB 740. By Representative Walker of the 115th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry, so as to change provisions relative to the adoption of ordinances.
HB 741. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating the State Court of Houston County, so as to change provisions relating to the solicitor of said court.
HB 747. 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 tax commissioner.
WEDNESDAY, FEBRUARY 22, 1989
1273
HB 760. By Representatives Hanner of the 131st and Holland of the 136th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies.
HB 763. By Representative Stancil of the 66th:
A bill to repeal an Act known as the "Oconee Utility Authority Act" (formerly the "Oconee County Public Utility Authority Act"), to provide for the disposition of all of the property, whether real, personal, tangible, intangible, or otherwise, of the authority.
HB 767. By Representative Chance of the 129th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge and solicitor of said court.
HB 774. By Representative Meadows of the 91st:
A bill to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members of the board of commissioners of Talbot County.
HB 775. By Representatives Aiken of the 21st, Clark of the 20th, Howren of the 20th, Ehrhart of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating a new charter for the City of Austell, so as to change the corporate limits of the city.
HB 797. By Representatives Buck of the 95th, Robinson of the 96th, Steele of the 97th, Smyre of the 92nd, Moultrie of the 93rd and others:
A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County.
SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and others:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relating to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.
SB 188. By Senators Johnson of the 47th, Albert of the 23rd and Dawkins of the 45th:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused and which were written within a ten-day period to a single entity; to provide for the form of notice covering multiple checks.
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SB 248. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.
SB 265. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing organizations, etc., before the General Assembly, so as to require persons representing state departments, agencies, boards, commissions, or authorities to register; to exempt such state officials from the registration fee.
SB 273. By Senator Edge of the 28th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to prosecution of traffic offenses, so as to authorize a probate court judge to require the district attorney or assistant district attorney to act as prosecutor in traffic violation proceedings in probate court.
SB 308. By Senators Ray of the 19th, Brannon of the 51st and Parker of the 15th:
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 provide that certain license plates shall be printed in red, white, and blue colors.
SB 317. By Senators Hammill of the 3rd, Scott of the 2nd and Fuller of the 52nd:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons, firms, or corporations that service or repair bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the value of their services, have a lien upon the equipment.
SB 321. By Senator Deal of the 49th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the "Georgia Civil Practice Act"; Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresidents, so as to change the provisions relating to service of process on the Secretary of State; to change the practices and procedures related thereto; to change the provisions relating to fees.
HB 32. By Representative Isakson of the 21st:
A bill to amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide that the giving of a false date of birth to a law enforcement officer with the intent to mislead such officer shall be a misdemeanor.
HB 238. By Representative Holmes of the 28th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of peace officer and retired peace officer.
WEDNESDAY, FEBRUARY 22, 1989
1275
HB 351. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain qualifying petitions, nomination petitions, and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature.
HB 408. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require certain write-in candidates to file a copy of the published notice of intent of candidacy with certain election officials; to require certain municipal write-in candidates to file a copy of the published notice of intent of candidacy with certain municipal officials.
HB 430. By Representative Twiggs of the 4th:
A bill to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change the membership of the council; to provide for initial and regular terms of office.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 658. By Representative Green of the 106th:
A bill to amend an Act relating to the Magistrate Court of Greene County, so as to change provisions relating to the compensation of the chief magistrate of that court and the number of the other magistrates of that court.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:
SR 37. By Senators Howard of the 42nd, Gillis of the 20th and Deal of the 49th:
A resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not parole any person who has been convicted of a felony if such person has not served at least onethird of the sentence imposed by the court for such felony and if the General Assembly has provided by law that any person convicted of such felony must serve at least one-third of the sentence before becoming eligible for parole; to provide for submission of this amendment for ratification or rejection.
SR 58. By Senators Johnson of the 47th, Peevy of the 48th, Howard of the 42nd and others:
A resolution proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judicial circuits; to provide for procedures and other matters related thereto; to provide for the submission of this amendment for ratification or rejection.
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SR 142. By Senators Coleman of the 1st, Kennedy of the 4th, Scott of the 2nd and others:
A resolution urging the United States Congress to remove federal transportation trust funds from the federal budget.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:
HB 53. By Representatives Foster of the 6th, Colwell of the 4th, Harris of the 84th, Poag of the 3rd, Griffin of the 6th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as 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.
HB 407. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that candidates for certain offices shall file certain affidavits with or make certain affirmations to the officer before whom they qualified to seek office.
HB 473. By Representatives Cheeks of the 89th, Godbee of the 110th, Harris of the 84th, Bostick of the 138th and Greene of the 130th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
HB 492. By Representatives Benn of the 38th, Jackson of the 9th, Cumrnings of the 17th, Martin of the 26th, Hasty of the 8th and others:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of notice; to provide for maximum removal and storage fees; to provide for a lien for such fees.
HB 687. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and members of the board and provide for an expense allowance.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
WEDNESDAY, FEBRUARY 22, 1989
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HB 118. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Hooks of the 116th and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1988-1989 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1988-1989.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 185. By Senators Johnson of the 47th, Albert of the 23rd, Olmstead of the 26th and others:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for foreclosures arising out of consumer transactions; to change the provisions relating to the definition of certain terms; to provide for a petition for immediate writ of possession with respect to consumer transactions; to provide for procedures.
Referred to the Committee on Judiciary.
SB 188. By Senators Johnson of the 47th, Albert of the 23rd and Dawkins of the 45th:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to provide that with respect to the crime of issuance of a bad check a single notice is sufficient to cover all checks on which payment was refused and which were written within a ten-day period to a single entity; to provide for the form of notice covering multiple checks.
Referred to the Committee on Judiciary.
SB 248. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees.
Referred to the Committee on Motor Vehicles.
SB 265. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing organizations, etc., before the General Assembly, so as to require persons representing state departments, agencies, boards, commissions, or authorities to register; to exempt such state officials from the registration fee.
Referred to the Committee on Governmental Affairs.
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SB 273. By Senator Edge of the 28th:
A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to the general powers and jurisdiction of probate and municipal courts with regard to prosecution of traffic offenses, so as to authorize a probate court judge to require the district attorney or assistant district attorney to act as prosecutor in traffic violation proceedings in probate court.
Referred to the Committee on Judiciary.
SB 308. By Senators Ray of the 19th, Brannon of the 51st and Parker of the 15th:
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 provide that certain license plates shall be printed in red, white, and blue colors.
Referred to the Committee on Motor Vehicles.
SB 317. By Senators Hammill of the 3rd, Scott of the 2nd and Fuller of the 52nd:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide that persons, firms, or corporations that service or repair bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the value of their services, have a lien upon the equipment.
Referred to the Committee on Special Judiciary.
SB 321. By Senator Deal of the 49th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the "Georgia Civil Practice Act"; Chapter 12 of Title 40 of the Official Code of Georgia Annotated, relating to actions against nonresidents, so as to change the provisions relating to service of process on the Secretary of State; to change the practices and procedures related thereto; to change the provisions relating to fees.
Referred to the Committee on Judiciary.
SB 340. By Senators Barnes of the 33rd, Newbill of the 56th, Clay of the 37th and others:
A bill to provide for the Marietta-Cobb 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 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.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 37. By Senators Howard of the 42nd, Gillis of the 20th and Deal of the 49th:
A resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall not parole any person who has been convicted of a felony if such person has not served at least onethird of the sentence imposed by the court for such felony and if the General Assembly has provided by law that any person convicted of such felony must serve at least one-third of the sentence before becoming eligible for parole; to provide for submission of this amendment for ratification or rejection.
Referred to the Committee on State Institutions & Property.
WEDNESDAY, FEBRUARY 22, 1989
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SR 58. By Senators Johnson of the 47th, Peevy of the 48th, Howard of the 42nd and others:
A resolution proposing an amendment to the Constitution so as to provide for the establishment, jurisdiction, operation, and financing of investigative grand juries and trial juries in the judicial circuits; to provide for procedures and other matters related thereto; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.
SR 142. By Senators Coleman of the 1st, Kennedy of the 4th, Scott of the 2nd and others:
A resolution urging the United States Congress to remove federal transportation trust funds from the federal budget.
Referred to the Committee on Transportation.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 248. By Representatives Crosby of the 150th, Royal of the 144th and Coleman of the 118th:
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 authorities to file an annual report of indebtedness with the Department of Community Affairs.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require certain local authorities to file an annual report of indebtedness with the Department of Community Affairs; to provide for a definition; to provide for the contents of such report; to provide for powers, duties, and responsibilities of the department with respect to such report; to provide for the filing and distribution of such report; 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 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended by striking Code Section 36-81-8, relating to the preparation and filing of certain annual reports on local government finances, and inserting in its place a new Code Section 36-81-8 to read as follows:
"36-81-8. (a) As used in this Code section, the term 'local independent authority' means each local public body corporate and politic created in and for a county, municipality, consolidated government, or combination thereof, which is authorized to issue bonds under the Constitution and laws of this state.
{a) (b) Each unit of local government shall submit an annual report of local government finances to the Department of Community Affairs. The report shall include the revenues, expenditures, assets, and debts of all funds and agencies of the local government, and other such information as may be reasonably requested by the department. Each local independent authority shall submit an annual report of indebtedness to the
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Department of Community Affairs. Such report shall include the revenues, expenditures, assets, and debts of all funds of the local independent authority and shall describe any actions taken by such local independent authority to incur indebtedness. The local government finances report and the local independent authority indebtedness report shall be filed on a form forms promulgated by the department and shall be submitted within the requested time periods established by the department.
(b) (c) The department shall have the authority to require local governments and local independent authorities to submit the report reports as provided for in subsection fa) (b) of this Code section as a condition of such local government or local independent authority receiving state appropriated funds from the department. Upon the receipt of the report of local government finance from a local government or the report of local independent authority debt from a local independent authority, the department is authorized to release any state appropriated grant funds that may be due at such time to the local government or the local independent authority.
{e) (d) The department's implementation of subsections fa) (b) and fb) (c) of this Code section shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and the department is specifically directed to promulgate the form forms provided for in subsection fa) ^b) of this Code section in the manner provided for promulgation of rules under Chapter 13 of Title 50.
Id) (e) Utilizing information contained in audit reports of local governments filed with the state auditor, the report of county or municipal finances filed with the Department of Community Affairs, and other available state or federal information of public record, the Department of Community Affairs shall prepare annually a report on local government finances. Utilizing information contained in reports of indebtedness returned to the Department of Community Affairs, the Department of Community Affairs shall prepare annually a report on indebtedness of local independent authorities. The local government finances report shall be filed on January 15 of each year, beginning January 15, 1985, and the local independent authority indebtedness report shall be filed on January 1J5 of each year, beginning January 1^ 1990, with the Governor, the Speaker of the House of Representatives, the President of the Senate, the chairman of the House Ways and Means Committee, the chairman of the House State Planning and Community Affairs Committee, the chairman of the Senate Banking and Finance Committee, and the chairman of the Senate Urban and County Affairs Committee, as well as with the chief elected official or chief appointed official of each local unit of government and each local independent authority and member of the General Assembly upon request.
(e) (f) The local government finances report and the local independent authority indebtedness report shall be organized, within the limits of available resources, in such a manner as to allow for reasonable comparative analysis of local government revenues and expenditures and for reasonable comparative analysis of local independent authority debt.
ff-) (g) The department, in addition to its other duties, shall assist local units of government and local independent authorities in fulfilling the requirements of this article. The department shall coordinate its technical assistance efforts with the state auditor, the University System of Georgia, the Association County Commissioners of Georgia, the Georgia Municipal Association, and the Georgia Society of Certified Public Accountants and should coordinate with any other organizations interested and currently active in local government financial management so as to ensure that coordination of training and assistance is maintained. The department may contract or subcontract with other public or private agencies to provide assistance to local units of government or local independent authorities."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
WEDNESDAY, FEBRUARY 22, 1989
1281
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron N Abernathy
Adams Y Aiken Y Alford Y Alien
Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong
Bishop Bostick Y Branch Breedlove Y Brooks Y Brown Buck Y Buford Y Byrd Y Carrell Carter Chambless Y Chance Y Cheeks Childers Y Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G Davis.M Y Dixon.H Y Dixon.S Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong Y Lord
Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Mueller Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Pannell Y Parham Parrish Y Patten Y Pettit Y Pinkston YPoag Porter Y Poston Y Powell Y Rainey Randall Ransom YRay Y Reaves Y Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L
Smith.P Y Smith.T
Smith.W Smyre Y Snow Y Stancil.F Y Stancil.S Stanley Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Thompson Y Thurmond Y Titus, Y Tolbert Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Walker.L Y Wall Y Ware Y Watson Y Watts Y White Wilder Williams.B Williams.J Y Yates Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 132, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Richardson of the 52nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Insurance and referred to the Committee on Industry:
SB 125. By Senator Shumake of the 39th:
A bill to amend Article 2 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing and regulation of agents, brokers, and others for property, casualty, or surety insurance, so as to provide for prior written notice to be given when an insurer terminates the certificate of authority of a property, casualty, or surety agent.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
1282
JOURNAL OF THE HOUSE,
HB 499. By Representatives Foster of the 6th, Colwell of the 4th, Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th and others:
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 overcrowding of the prison system may create an emergency requiring additional correctional facilities either of a permanent type of construction or of a temporary or movable type.
The following Senate substitute was read:
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 overcrowding of the prison system may create an emergency requiring additional correctional facilities either of a permanent type of construction or of a temporary or movable type; to provide that with the approval of the Governor certain provisions of law may be waived to facilitate the rapid construction or procurement of facilities for inmates; to provide for certain reports; 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 adding immediately following Code Section 42-2-13 a new Code Section 42-2-14 to read as follows:
"42-2-14. The Governor, upon certification by the commissioner of corrections and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity of the prison system for any period of 90 consecutive days, beginning at any time after December 31, 198S, may declare a state of emergency with regard to jail and prison overcrowding. Upon the declaration of such emergency, the department may establish additional facilities for use by the department, such facilities to be either of a permanent type of construction or of a temporary or movable type as the department may find most advantageous to the particular needs, to the end that the inmates under its supervision may be so distributed throughout the state as to facilitate individualization of treatment designed to prepare them for lawful living in the community where they are most likely to reside after their release from a correctional facility. For this purpose, the department may purchase or lease sites and suitable lands and erect necessary buildings thereon or purchase or lease existing facilities, all within the limits of appropriations as approved by the General Assembly. With the approval of the Governor, provisions, other than bonding requirements, of Chapter 3 of this title, known as the 'Georgia Building Authority (Penal) Act,' provisions of Chapter 5 of Title 50, relating to the Department of Administrative Services, or provisions of Chapter 22 of Title 50, relating to managerial control over acquisition of professional services, may be waived by the department to facilitate the rapid construction or procurement of facilities for inmates. During any year in which correctional facilities are constructed or procured under this Code section and any requirements are waived, the department shall furnish the Governor and the General Assembly with a detailed report specifying the facilities constructed or procured, the requirements waived, and the reasons therefor."
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 Colwell of the 4th moved that the House agree to the Senate substitute to HB 499.
WEDNESDAY, FEBRUARY 22, 1989
1283
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance
Y Cheeks Childers Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Coi Crawford
Crosby Y Cummings,B
Cummings,M Y Davis.C
Davis.G Davis.M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster YGodbee Y Goodwin Y Green
Y Greene Y Gresham
Y Griffin Y Groover
Y Hamilton Hanner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y JacksonrJ Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson
Lee Linder YLong
YLord Lucas
Y Lupton Y Mangum Y Martin YMcCoy
McDonald McKelvey McKinney,B
On the motion, the ayes were 142, nays 0. The motion prevailed.
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore YMorton Y Moultrie Y Mueller
Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Y Sinkfield Y Smith.L Y Smith,P
Y Smith.T Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Steele Y Stephens Y Teper Thomas.C Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Townsend Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder
Williams.B Williams.J YYates Y Yeargin Murphy ,Spkr
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 195. By Representatives Jamieson of the llth, Moore of the 139th, Parham of the 105th, Twiggs of the 4th and Gresham of the 21st:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to misleading advertisements.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to misleading advertisements; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," is amended by striking Code Section 26-2-29, relating to misleading advertisements, and inserting in lieu thereof a new Code Section 26-2-29 to read as follows:
1284
JOURNAL OF THE HOUSE,
"26-2-29. (a) An advertisement of a food shall be deemed to be false if it is misleading in any particular.
(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices employed in the advertisement of a food are declared to be misleading:
(1) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of food;
(2) Using deceptive representations or designations of geographic origin in connection with food;
(3) Representing that food has sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that it does not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(4) Representing that food is of a particular standard, quality, or grade if it js not; or
(5) Making false or misleading statements concerning the food of another."
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 Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Barnett.B
Y Barnett.M Beck
Y Benefield YBenn
Y Birdsong Bishop
Y Bostick Branch Breedlove
Y Brooks Y Brown
Buck
Y Buford Y Byrd Y 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
Cox Crawford
Crosby Y Cummings.B
Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Dobbs Dover
Y Dunn
Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin
Groover
Y Hamilton Manner Harris
Y Hasty Y Heard
Herbert Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D
Y Lane.R Langford Lawrence
Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Y Mangum Y Martin Y McCoy
McDonald McKelvey McKinney.B
McKinney,C Y Meadows Y Milam
Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Parrish
Y Patten Pettit
Y Pinkston YPoag
Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman Simpson
Sinkfield Y Smith.L Y Smith,? Y Smith.T
Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Steele Y Stephens Y Teper Thomas.C Y Thomas.M Y Thompson Y Thurmond Titus Y Tolbert Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L Y Wall
Ware
Watson Y Watts
White Y Wilder
Williams.B Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
WEDNESDAY, FEBRUARY 22, 1989
1285
HB 658. By Representative Green of the 106th:
A bill to amend an Act relating to the Magistrate Court of Greene County, so as to change provisions relating to the compensation of the chief magistrate of that court and the number of the other magistrates of that court.
The following Senate amendment was read:
Amend HB 658 by striking lines 3 through 19 of page 2 and inserting in lieu thereof the following:
'"Section 3. In addition to any other compensation authorized by law for the judge of Probate Court of Greene County, said probate judge in his capacity as chief magistrate of the Magistrate Court of Greene County shall receive an additional sum of not less than $5,000.00 to be paid in equal monthly installments from county funds.
Section 4. There shall be the chief magistrate, together with not less than two other magistrates. Their duties shall be assigned and coordinated by the chief magistrate. Compensation for magistrates shall be set by the board of commissioners of Greene County, upon recommendation of the chief magistrate.'"
Representative Green of the 106th moved that the House agree to the Senate amendment to HB 658.
On the motion the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 147. By Senator Barnes of the 33rd:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to authorize local boards of education to establish sick leave banks or pools of voluntarily contributed employee sick leave days; to provide for contributions; to provide for the use of such days; to provide for practices, procedures, and requirements 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 roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy N Adams Y Aiken Y Alford
Y Alien Y Athon
Y Atkins Bailey
Y Baker Balkcom
Y Bannister N Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong
Bishop
Y Bostick Y Branch
Y Breedlove 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
Y Coleman Colwell
Y Connell Y Couch
Cox
Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Dixon.S
Y Dobbs
Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee
Y Goodwin Y Green
Y Greene Y Gresham Y Griffin
N Groover Y Hamilton
Hanner Y Harris Y Hasty
Heard Y Herbert
1286
JOURNAL OF THE HOUSE,
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong
YLord Lucas Lupton
Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinneytB McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston
YPoag Y Porter Y Poston N Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P Y Smith,T
Smith,W Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Steele Y Stephens Y Teper Thomas,C Y Thomas,M
Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend Twiggs
Y Vaughan Y Waddle Y Walker.C N Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 148, nays 5. The Bill, having received the requisite constitutional majority, was passed.
Representative Smith of the 156th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.
HB 876. By Representative Murphy of the 18th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions of law affecting the General Assembly, so as to provide that unless otherwise provided by concurrent resolution the General Assembly shall during regular sessions automatically adjourn on Fridays and reconvene on Mondays.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Y Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
BarneU.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck
Y Buford
YByrd Carrell
Y Carter Y Chambless Y Chance
Y Cheeks Y Childera Y Clark,B Y Clark.H Y Clark,L Y Colbert
Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby Y Cumming8,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M
Y Dixon.H Y Dixon.S YDobbs
Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y God bee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson
Ylrwin
Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong
YLord Lucas
Y Lupton Y Mangum Y Martin YMcCoy
Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Pettit
Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall
Y Ransom
WEDNESDAY, FEBRUARY 22, 1989
1287
YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend
Y Twiggs Y Vaughan
Y Waddle Y Walker.C
Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Smith of the 156th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
SB 151. By Senators Turner of the 8th, McKenzie of the 14th and Coleman of the 1st:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for initial filings with the Department of Banking and Finance instead of the Secretary of State in order to facilitate perfection of the filings between the department and the filing party; to provide the procedures connected therewith.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams
Aiken Y Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M
YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks
Childers Y Clark.B
Y Clark.H
Y Clark.L Y Colbert Y Coleman
Colwell Y Connell
Y Couch Cox
Y Crawford
Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon,S Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Pannell Par ham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Sinkfield Y Smith,L Y Smith.P Y Smith.T
Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens
Y Teper Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
1288
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 687. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and members of the board and provide for an expense allowance.
The following Senate substitute was read:
A BILL
To amend an Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4891), so as to change the provisions relating to the compensation of the chairperson and members of the board and provide for an expense allowance; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 30, 1987 (Ga. L. 1987, p. 4891), is amended by striking subsection (c) of Section VIII thereof which reads as follows:
"(c) The chairman shall be compensated in the amount of $16,000.00 per annum payable in equal monthly installments. The other members of the board shall be compensated in the amount of $3,600.00 per annum payable in equal monthly installments. The compensation provided herein shall be paid from the funds of Hancock County.", and inserting in its place a new subsection to read as follows:
"(c) (1) Beginning in calendar year 1989 and continuing each year thereafter, the chairperson of the board shall receive as annual compensation for that year an amount of $16,000.00 if that year is within the chairperson's first term of office or an amount of $20,000.00 if that year is within the chairperson's second or subsequent term of office. Such compensation shall be paid in equal monthly installments.
(2) Beginning in calendar year 1989 and continuing each year thereafter, each member of the commission, other than the chairperson, shall receive as annual compensation for that year an amount of $3,000.00 if that year is within that member's first term of office or an amount of $4,000.00 if that year is within that member's second or subsequent term of office. Such compensation shall be paid in equal monthly installments.
(3) The chairperson and the other members of the board shall each receive an expense allowance of $300.00 per year in addition to the annual compensation provided for in this subsection, except that such expense allowance shall not be payable to the chairperson on and after the date the chairperson's annual compensation first becomes $20,000.00. The annual compensation and expense allowance provided for in this subsection shall be paid in equal monthly installments from the funds of Hancock County."
Section 2. This Act shall become effective July 1, 1989.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
WEDNESDAY, FEBRUARY 22, 1989
1289
Representative Green of the 106th moved that the House agree to the Senate substitute to HB 68'/.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The Speaker Pro Tem assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 166. By Representative Birdsong of the 104th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools so as to prohibit the upbraiding, insulting, or abusing of any public school teacher or public school bus driver upon the premises of any public school in the presence and hearing of a pupil thereof.
The following Committee substitute was read and adopted:
A BILL
To amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to prohibit the upbraiding, insulting, or abusing of any public school teacher, public school administrator, or public school bus driver in the presence and hearing of a pupil while on the premises of any public school or school bus; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by adding at the end thereof a new Code Section 20-2-1182 to read as follows:
"20-2-1182. Any parent, guardian, or person other than a student at the public school in question who has been advised that minor children are present and who continues to upbraid, insult, or abuse any public school teacher, public school administrator, or public school bus driver in the presence and hearing of a pupil while on the premises of any public school or public school bus may be ordered to leave the school premises or school bus, and upon failure to do so such person shall be subject to a civil fine of $25.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M
Y Beck Y Benefield Y Benn
Y Birdsong Bishop
Y Bostick
Y Branch Y Breedlove
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
1290
JOURNAL OF THE HOUSE,
Y Colwell Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawrence Y Lawson
YLee Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Moultrie Y Mueller Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten
Pettit Pinks ton
YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Stmpson Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow
Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 319. By Representatives Alford of the 57th, Connell of the 87th, Chambless of the 133rd, Porter of the 119th and Robinson of the 96th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons providing workers' compensation benefits.
The following Committee substitute was read:
A BILL
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons providing workers' compensation benefits; to include construction design professionals among those excepted from action; to provide 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, is amended by striking Code Section 34-9-11, relating to the exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons providing workers' compensation benefits, and inserting in its place a new Code Section 34-9-11 to read as follows:
"34-9-11. (a) The rights and the remedies granted to an employee by this chapter shall exclude all other rights and remedies of such employee, his personal representative, parents, dependents, or next of kin, at common law or otherwise, on account of such
WEDNESDAY, FEBRUARY 22, 1989
1291
injury, loss of service, or death; provided, however, that no employee shall be deprived of any right to bring an action against any third-party tort-feasor, other than an employee of the same employer or any person who, pursuant to a contract or agreement with an employer, provides workers' compensation benefits to an injured employee, notwithstanding the fact that no common-law master-servant relationship or contract of employment exists between the injured employee and the person providing the benefits, and other than a construction design professional who is retained to perform professional services on or in conjunction with a construction project on which the employee was working when injured, or any employee of a construction design professional who is assisting in the performance of professional services on the site of the construction project on which the employee was working when injured, unless the construction design professional specifically assumes by written contract the safety practices for the project. The immunity provided by this subsection to a construction design professional shall not apply to the negligent preparation of design plans and specifications or any professional surveys specifically set forth in the contract or any intentional misconduct committed by the construction design professional or his employees.
(b) As used in subsection (a) of this Code section, the term 'construction design professional' means any person who is an architect, professional engineer, landscape architect, geologist, or land surveyor who has been issued a license pursuant to Chapter 4j 15, 19, or 23 of Title 43 or any corporation organized to render professional services m Georgia through the practice of one or more such technical professions as architecture, professional engineering, landscape architecture, geology, or land surveying."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Alford of the 57th and Groover of the 99th move to amend the Committee substitute to HB 319 by striking lines 20 and 21 of page 2 and inserting in lieu thereof the following:
"negligent preparation of design plans and specifications, nor shall it apply to the physical activities of the construction design professional or the employees of the construction design professional while on the construction project where the employee was injured and where those activities are the proximate cause of the injury to the employee or any professional surveys specifically set forth in".
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
Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Harriett,R Y Barnett,M
YBeck Y Benefield YBenn Y Birdsong
N Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L
Colbert Y Coleman
Colwell Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings,B Y Cummings.M
Y Davis,C N Davis.G Y Davis,M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
God bee Y Goodwin
Y Green
Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Y Banner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren
1292
JOURNAL OF THE HOUSE,
Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D Y Lane.R Y Langford
Y Lawrence
Y Lawson YLee Y Linder Y Long
YLord
Lucas
Y Lupton
Y Mangum
Y Martin N McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Y Moore Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr
Y Orrock
Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey N Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
YSmyie
YSnow
Y Stancil.F
Y Stancil.S Stanley
Y Steele Stephens
Y Teper
Y Thomas.C Y Thomas.M Y Thompson
Y Thurmond
Y Titus Y Tolbert
Townsend Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Williams.J Y Yates
Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 768. By Representative Edwards of the 112th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Hazardous Waste Management Authority for the inclusion in the health insurance plan of employees and retiring employees of the authority and their spouses and dependent children.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Alien
Y Athon
Y Atkins
Bailey Baker
Balkcom
Y Bannister
Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn
Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks
Y Childers
Y Clark.B
Y Clark.H
Y Clark,L
Y Colbert
Y Coleman Colwell Connell
Y Couch Cox
Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Dover Y Dunn Y Edwards
Y Ehrhart Felton
Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Y Green
Y Greene Y Gresham Y Griffin
Y Groover
Y Hamilton
Y Hanner
Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren
Y Hudson
Y Irwin Y Isakson
Y Jackson.J Y Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D
Y Lane.R
Y Langford
Y Lawrence
Y Lawson
YLee
Y Linder
YLong
YLord Lucas Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock
Y Padgett Y Pannell Y Parham
Y Parrish
Y Patten Y Pettit
Pinkston Poag
Y Porter
Y Poston
Y Powell Y Rainey Y Randall Y Ransom YRay
Reaves Redding
Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith.L
Smith.P Y Smith.T Y Smith.W YSmyre YSnow
Stancil.F Y Stancil.S
Stanley Y Steele
WEDNESDAY, FEBRUARY 22, 1989
1293
Y Stephens
Y Teper Thomas.C
Y Thomas.M Thompson
Y Thurmond Y Titus Y Tolbert
Townsend Twiggs
Y Vaughan
Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Y Williams.B William8,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 214. By Representative McDonald of the 12th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Atkins
Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
Y Buck Y Buford
YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B
Y Clark.H
Y Clark.L Y Colbert Y Coleman
Colwell Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Dixon.S Dobbs
Y Dover Y Dunn
Edwards Y Ehrhart
Felton Y Fennel
Y Floyd Y Foster
Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock
Y Padgett Pannell
Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston
Poag Y Porter Y Poston Y Powell
Rainey Y Randall Y Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Y Sinkfield
Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
YSnow Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M
Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B
Williams,J Y Yates
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.
HB 449. By Representatives Mangum of the 57th, Athon of the 57th and Moore of the 139th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to school systems that qualify for middle school grants.
1294
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 Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove 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
Crosby Y Cummings.B
Y Cummings.M Y Davis,C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks
Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Y Jackson, W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane,R Langford
Y Lawrence Y Lawson YLee Y Under
Long YLord
Lucas Lupton Y Mangum Y Martin
Y McCoy Y McDonald
McKelvey McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver,M YOrr
Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith,W YSmyre
YSnow Stancil,F
Y Stancil,S Stanley
YSteele Y Stephens Y Teper Y Thomas.C
Y Thomas.M Thompson
Y Thurmond
Y Titus Y Tolbert
Townaend
Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 501. By Representatives Bannister of the 62nd and Barnett of the 59th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to exempt persons not domiciled in Georgia from certain provisions.
The following amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 501 as follows: Page 1^ Line 15 strike the word "domiciled and insert "a resident".
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 Abernathy Y Adams
Y Aiken Y Alford Y Alien
Y Athon Y Atkins
Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
WEDNESDAY, FEBRUARY 22, 1989
1295
Y Barnett,M YBeck Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Connell
Couch Cox Y Crawford Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton
Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover
Y Hamilton Hanner
Y Harris Y Hasty Y Heard
Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Ylrwin
Y Isakson Y Jackson,J
Y Jackson, W Jamieson
Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter
Y Poston Y Powell
Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson
Sinkfield Y Smith.L Y Smith,P
Y Smith.T Y Smith.W YSmyre
YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Teper
Thomas,C Y Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert
Townsend Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr
On the passage of the Bill, as amended, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 400. By Representatives Holmes of the 28th, Moultrie of the 93rd and Greene of the 130th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize certain boards of registrars to correct the list of electors and issue new registration cards upon receipt of actual knowledge that an elector has moved.
The following Committee substitute was read and adopted:
A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize certain boards of registrars to correct the list of electors and issue new registration cards upon notification to the elector that the board of registrars has ascertained that an elector has moved; to provide for procedures; 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 adding a new subsection at the end of Code Section 21-2-240, relating to procedure upon change of an elector's address, to be designated subsection (g), to read as follows:
"(g) Upon ascertainment by the board of registrars that an elector has moved to a different address within the county from the address contained on the elector's registration card, the board of registrars shall notify the elector by first-class mail of the change in address and of any change in the elector's voting precinct based upon the address
1296
JOURNAL OF THE HOUSE,
change. An elector shall have a period of ten days following such notification by the board of registrars to correct any error in connection with the elector's address. In the absence of any correction by the elector, the board of registrars shall be authorized to place the elector's name in the proper precinct, correct the list of electors, and issue the elector a new registration card reflecting the address change and the elector's proper voting precinct."
Section 2. Said title is further amended by designating as subsection (a) the existing provisions of Code Section 21-3-140, relating to procedure upon change of a municipal elector's address, and by adding a new subsection immediately following subsection (a), to be designated subsection (b), to read as follows:
"(b) Upon ascertainment by the board of registrars that an elector has moved to a different address within the municipality from the address contained on the elector's registration card, the board of registrars shall notify the elector by first-class mail of the change in address and of any change in the elector's voting precinct based upon the address change. An elector shall have a period of ten days following such notification by the board of registrars to correct any error in connection with the elector's address. In the absence of any correction by the elector, the board of registrars shall be authorized to place the elector's name in the proper precinct, correct the list of electors, and issue the elector a new registration card reflecting the address change and the elector's proper voting precinct."
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 Abernathy Y Adams Y Aiken
Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove 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 Cox
Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Green Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Y Jackson,W
Y Jamieson Y Jenkins
Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Moore
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Y Reaves Y Redding
Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson
Y Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Smyre Y Snow
Y Stancil.F Y Stancil,S
Stanley YSteele Y Stephens Y Teper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus
Tolbert
Townsend Y Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder
Y Williams.B William9,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 154, nays 0.
WEDNESDAY, FEBRUARY 22, 1989
1297
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 314. By Representatives Dixon of the 151st, Crosby of the 150th, Harris of the 84th, Bostick of the 138th and Barnett of the 10th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to regulate motor vehicle service contracts and motor vehicle service contract reimbursement insurance policies; to define certain terms; to prohibit the issuance or sale of motor vehicle service contracts unless the provider of the service contract is insured under a motor vehicle service contract reimbursement insurance policy.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to forms of property insurance, so as to provide that the Commissioner of Insurance shall be specifically empowered to promulgate rules and regulations regarding vehicle service agreements or extended warranty agreements; to provide that such rules and regulations shall include filing requirements, disclosures for the benefit of the agreement holder, record keeping, and procedures for public complaints; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to forms of property insurance, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The Commissioner shall have the power and authority to promulgate rules and regulations regarding vehicle service agreements or extended warranty agreements as described in paragraph (1) of subsection (b) of this Code section. Such rules and regulations shall include filing requirements, disclosures for the benefit of the agreement holder, record keeping, and procedures for public complaints."
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 Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
Y Barnett.M Y Beck Y Benefield Y Benn
Y Birdsong
Bishop Y Bostick Y Branch
Y Breedlove 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
Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings.B Y Cummings.M Y Davis.C
Davis,G
Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart
Felton Y Fennel Y Floyd
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Griffin Groover
Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland
Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawrence
1298
JOURNAL OF THE HOUSE,
Y Lawson
YLee Y Under YLong YLord
Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
Y McKinney.B McKinney.C
Y Meadows Y Milam Y Mobley
Y Moody Y Moore Y Morion Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parhara Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L
Y Smith,P
Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F
Y Stancil,S Stanley
YSteele Y Stephens Y Teper
Thomas.C
Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams,B Williams,J Y Yates Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Bailey of the 72nd stated that he wished to be recorded as voting "aye" on the following bills:
HB 195 HB 248 HB 499 SB 147 HB 876 SB 151 HB 166
HB 768 HB 214 HB 449 HB 501 HB 400 HB 314
The Speaker assumed the Chair.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
HB 53. By Representatives Foster of the 6th, Colwell of the 4th, Harris of the 84th, Poag of the 3rd, Griffin of the 6th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to length limitations for vehicles and loads, so as 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.
The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to increase the maximum overall length of vehicles and semitrailers authorized; to revise the maximum weight per axle authorized for bimodal semitrailers; to provide limitations; to provide a definition; to provide that the semitrailer shall be equipped with a rear-end protection device; to change certain provisions relating to the maximum weight load on any tandem axle; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 22, 1989
1299
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight for vehicles and loads, is amended by striking paragraph (1) of subsection (a) and subsection (b) of Code Section 32-6-24, relating to the length of vehicles and loads, in their entirety and inserting in lieu thereof a new paragraph (1) of subsection (a) and a new subsection (b) to read as follows:
"(1) As used in this article, the term: (A) 'Bimodal semitrailer' shall be defined as a detachable load-carrying unit
designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails.
(A) (B) 'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractorsemitrailer-trailer combination.
4B) (C) 'Semitrailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported.
{ ) (D) 'Trailer' shall be defined as a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor.
(B) (E) 'Truck tractor' shall be defined as the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (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 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 by the department pursuant to paragraph (2) of subsection (a) of this Code section, vehicles not otherwise lawful under Code Section 32-6-25 or this subsection or so authorized by a permit issued pursuant to Code Section 32-6-28, consisting of a truck tractor and semitrailer combination up to 67 '/2 feet in overall length may be operated if:
(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 does not exceed 41 feet. This 41 foot distance shall be measured between the kingpin and the
point between the axles which comprise the rearmost tandem axle, if the
1300
JOURNAL OF THE HOUSE,
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. F_o_r 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-end protection device 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 2. Said article is further amended by striking paragraphs (1) and (2) of subsection (c) of Code Section 32-6-26, relating to weights of vehicles and loads, and inserting in their places new paragraphs (1) and (2) to read as follows:
"(1) (A) On all highways within this state which are not national highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; except as provided m paragraph (2) ef this stAsection, the maximum load on any tandem axle shall be 37,340 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped.
(B) For vehicles and loads with an actual total gross weight between 73,280 pounds and 80,000 pounds, the maximum total gross weight authorized for the vehicle and load shall be determined by applying the state bridge formula.
(C) For any vehicle equipped with four axles, the maximum total gross weight authorized for the vehicle and load shall be 70,000 pounds. 43) For vehicles and combinations ef vehicles exceeding 6 feet length, the maxi-
8CIU91 tOtfti ^FOSS WCifffit Or 1CSS tfl8H / o,oU pOUflClS) tflG FRflXlITlUin iO9Q Oft 8Hy
ax4e shaH be 40v6807 Reserved."
Section 3. Said article is further amended by adding a new subsection (j) at the end of Code Section 32-6-26, relating to the weight of vehicles and loads, to read as follows:
"(j) Except as provided in subsections (f) and (h) of this Code section, weight limits and axle definitions for any bimodal semitrailer, semitrailers, and trailers operated on highways and public roads within this state shall be weight limits and axle definitions authorized by federal law governing national highways."
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 Foster of the 6th moved that the House agree to the Senate substitute to HB 53.
On the motion, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams Y Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark.B Y Clark.H
Y Clark.L Y Colbert
Y Coleman Y Colwell Y Connell Y Couch
Cox Y Crawford
Crosby
Y Cummings.B Y Cummings,M Y Davis.C Y Davia.G Y Davis.M
Dixon.H
Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
WEDNESDAY, FEBRUARY 22, 1989
1301
Y Greene Gresham
Y Griffin
Y Groover Y Hamilton
Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Rainey Y Randall
On the motion, the ayes were 157, nays 0. The motion prevailed.
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Y Thomas.C Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Williams.B Williams,J Y Yates Y Yeargin Murphy.Spkr
HB 473. By Representatives Cheeks of the 89th, Godbee of the 110th, Harris of the 84th, Bostick of the 138th and Greene of the 130th:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles.
The following Senate substitute was read:
A BILL
To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, is amended by striking paragraphs (3) and (4) of subsection (b) of said Code section in their entirety and inserting in lieu thereof new paragraphs (3) and (4) to read as follows:
"(3) Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not exceed 65 feet in length and shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 46 48 feet in length, shall not apply to automobile carriers.
(4) Vehicles transporting live poultry shall not exceed 65 feet in length and shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 46 48 feet in length, shall not apply to vehicles hauling live poultry."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Cheeks of the 89th moved that the House agree to the Senate substitute to HB 473.
On the motion the ayes were 105, nays 1.
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JOURNAL OF THE HOUSE,
The motion prevailed.
HB 492. By Representatives Benn of the 38th, Jackson of the 9th, Cummings of the 17th, Martin of the 26th, Hasty of the 8th and others:
A bill to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of notice; to provide for maximum removal and storage fees; to provide for a lien for such fees.
The following Senate substitute was read:
A BILL
To amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, so as to provide for the removal of other personal property from private real property; to provide for posting of notice; to provide for maximum removal and storage fees; to provide for a lien for such fees; to provide for the removal of vehicles or personal property from private real property and vacant lots in municipalities with populations of 100,000 or more; to provide for a civil cause of action for persons injured by reason of violation of this Act; to provide for damages and penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars, is amended by striking said Code section which reads as follows:
"44-1-13. Any person entitled to the possession of any parcel or space of real property shall have the right to remove or cause to be removed from the property any vehicle which is parked thereon and which is not authorized to be parked at the place where it is found and to store or cause to be stored such vehicle at the expense of its owner, provided that there shall have been conspicuously posted on the real property notice that any vehicle parked thereon which is not authorized to be parked at the place where it is found may be removed at the expense of the owner of the vehicle along with information as to where the vehicle can be recovered. The person removing and storing the vehicle shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363. Provided, however, that in all municipalities, except a consolidated city-county government, having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census and whenever such parcel or space of real property is devoted to any use other than as an off-street interior parking facility which contains assigned parking spaces reserved for occupants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from public ways is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access thereto or if there is conspicuously posted at the entrance on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered and cost.", in its entirety and inserting in lieu thereof a new Code Section 44-1-13 to read as follows:
"44-1-13. (a) Any person entitled to the possession of any parcel or space of private real property shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing
WEDNESDAY, FEBRUARY 22, 1989
1303
personal property, provided that there shall have been conspicuously posted on the private real property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property along with information as to where the vehicle or trespassing personal property can be recovered; provided, however, that the owner of private residential property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection.
(b) Only towing and storage firms issued permits by the Public Service Commission pursuant to Title 46 of the Official Code of Georgia Annotated, licensed by the local governing authority of the jurisdiction in which they operate, and having a secure impoundment lot shall be permitted to remove vehicles and trespassing personal property from private real property at the request of a person in possession of such private real property made pursuant to subsection (a) of this Code section. The person or firm removing and storing any such vehicle or trespassing personal property shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363.
(c) In all municipalities, except a consolidated city-county government, having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census a person entitled to the possession of an off-street parking area or vacant lot within an area zoned commercial by the municipality shall have the right to remove any vehicle or trespassing personal property parked thereon after the regular activity on such property is concluded for the day only if access to such property from the public way is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access to the off-street
parking area or vacant lot and there is conspicuously posted in the area a notice, the location of which must be approved by the municipality's police department, that any vehicle or trespassing personal property parked thereon which is not authorized to be in such area may be removed at the expense of the owner along with information as to where the vehicle or trespassing personal property may be recovered, the cost of said recovery, and information regarding the form of payment.
(d) The governing authority of each municipality having towing and storage firms operating within its territorial boundaries may issue a license to engage in private trespass towing pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The fee for the license shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility ratemaking procedures, and shall be established annually by the governing authority of each municipality having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period running from the time the vehicle is removed from the property and no such fees shall be allowed for the removal and storage of vehicles in violation of this Code section.
(e) Any person who suffers injury or damages as a result of a violation of this Code section may bring an action in any court of competent jurisdiction for actual damages, which shall be presumed to be not less than $100.00, together with court costs. A court shall award three times actual damages for an intentional violation of this Code section.
(f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and
storage firm, permitted or unpermitted, licensed or unlicensed, to enter into any agree-
ment with any person in possession of private real property to provide automatic or sys-
tematic surveillance of such property for purposes of removal and relocation of any such
vehicle or trespassing personal property except upon call by such person in possession
of such private real property to such towing and storage firm for each individual case
of trespass; provided, further, that it shall be unlawful and punishable by a fine of
$1,000.00 for any towing and storage firm to pay to any private real property owner or
one in possession of private real property any fee or emolument, directly or indirectly,
for the right to remove a vehicle or trespassing personal property from said private real
property."
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JOURNAL OF THE HOUSE,
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Benn of the 38th moved that the House agree to the Senate substitute to HB 492.
On the motion the ayes were 114, nays 1.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 96. By Representative Barnett of the 10th:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
Representative Barnett of the 10th moved that the House insist on its position in disagreeing to the Senate amendment to HB 96 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Barnett of the 10th, Smith of the 78th and Porter of the 119th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:
SB 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th:
A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.
Representative Childers of the 15th moved that the House insist on its position in amending SB 38.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 90. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
WEDNESDAY, FEBRUARY 22, 1989
1305
The following Senate amendment was read:
Amend HB 90 by redesignating paragraph (7) of Section 1 as paragraph (8).
By adding between lines 15 and 16 of page 2 the following:
"(7) By striking the last sentence of subsection (b) of Code Section 47-16-60, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and bonds collected in criminal and quasi-criminal cases, which reads as follows:
'By affirmative vote of all the members, the board upon the payment of the delinquent moneys, together with interest for good cause shown, may waive the specific penalty otherwise charged under this subsection.',
and inserting in lieu thereof a new last sentence to read as follows:
'By affirmative vote of all the members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection.'"
Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 90.
On the motion the ayes were 107, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 503. By Representative Childers of the 15th:
A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for continuing education requirements; to change the provisions relating to reciprocity; to provide for notification regarding complaints and disposition thereof.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for continuing education requirements; to change the provisions relating to reciprocity; to provide for notification regarding complaints and disposition thereof; 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 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, is amended by striking in its entirety subsection (b) of Code Section 43-35-5, relating to examination fees and recording licenses in superior court, and inserting in its place a new subsection (b) to read as follows:
"(b) All licenses shall be renewable biennially. The board shall be authorized to require the holder of a license to have completed within the immediately preceding two years not less than 50 hours of continuing medical education as determined by rules and regulations of the board in order for such license holder to be eligible to have the license renewed."
Section 2. Said chapter is further amended by striking in its entirety Code Section 43-35-6, relating to reciprocity involving the State Board of Podiatry Examiners, and inserting in its place a new Code Section 43-35-6 to read as follows:
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JOURNAL OF THE HOUSE,
"43-35-6. Persons licensed to practice podiatry in other states having statutory requirements equal to or greater than those of this chapter may, in the discretion of the board, be issued a license to practice in this state without examination upon the payment te the joint-secretary ef a fee m an amount established by the board, fef the bcnc-
te practice podiatry in this state submission of a completed application."
Section 3. Said chapter is further amended by adding at the end of subsection (g) of Code Section 43-35-7, relating to the denial or sanction of licenses, a new paragraph (5) to read as follows:
"(5) The board shall notify any person registering a complaint with the board that said complaint was received by the board and the board shall notify the complainant of the disposition of the complaint."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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 Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 652. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to change the provisions relating to appointment of new members to the water and sewer authority board of directors.
The following Senate amendment was read:
Amend HB 652 by adding on line 16 of page 3, between the word "large" and the word "and", the following:
", shall be appointed without regard to school districts,".
Representative Kilgore of the 42nd moved that the House agree to the Senate amendment to HB 652.
On the motion the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
WEDNESDAY, FEBRUARY 22, 1989
1307
HB 566. By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Robinson of the 96th, Lawson of the 9th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide a means whereby any insurer organized under the laws of any other state may become a domestic insurer; to provide a means for any domestic insurer to transfer its domicile to another state.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, so as to provide a means whereby any insurer organized under the laws of any other state may become a domestic insurer; to provide a means for any domestic insurer to transfer its domicile to another state; to provide a means for the continuation of a certificate of authority and other approvals pertaining to any foreign insurer which transfers its corporate domicile to another state by merger or consolidation or any other lawful method; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and general requirements for the transaction of insurance, is amended by adding immediately following Code Section 33-3-27, relating to reports of awards under medical malpractice insurance policies, a new Code section, to be designated Code Section 33-3-28, to read as follows:
"33-3-28. (a) Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of this title relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a location in this state. Upon satisfaction of such requirements, the insurer shall be issued a certificate of authority and license to transact business in this state and shall be subject to the authority and jurisdiction of this state as a domestic insurer. The redomesticated insurer may choose to retain its original date of incorporation in lieu of its date of redomestication, provided that the retention of an earlier incorporation date shall not affect the operation or application of other laws.
(b) Any domestic insurer may, upon the approval of the Commissioner, transfer its domicile to any other state in which it is admitted to transact the business of insurance and, upon such a transfer, shall cease to be a domestic insurer and shall be admitted to this state if qualified as a foreign insurer. The Commissioner shall approve any such proposed transfer unless the Commissioner determines such transfer is not in the best interest of the policyholders of this state.
(c) The certificate of authority, agent appointments and licenses, rates, and other items which the Commissioner allows, in his discretion, and which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its corporate domicile to this or any other state by merger, consolidation, or any other lawful method shall continue in full force and effect upon such transfer if such insurer remains duly authorized to transact the business of insurance in this state. All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the Commissioner. Every transferring insurer shall file new policy forms with the Commissioner on or before the effective date of the transfer but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the Commissioner. Every such transferring insurer shall notify the Commissioner of the details of the proposed transfer and shall file promptly any forms,
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JOURNAL OF THE HOUSE,
documents, or amendments to forms or documents with the Commissioner. The Commissioner may promulgate rules and regulations necessary to carry out the purposes of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefield Y Benn
Birdsong Y Bishop
Bostick
Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd
Carrell
Y Carter Y Chain bless Y Chance Y Cheeks
Childers Y Clark.B
Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings.B
Cummings,M N Davis.C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin
Groover Hamilton Y Hanner Y Harris
Hasty Heard Herbert Holcomb Y Holland Holmes
Y Hooks Howren
Y Hudson Irwin
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane,R
Langford Y Lawrence Y Lawson
Lee Y Linder YLong
Lord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller Oliver.C Y Oliver.M YOrr Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Pettit Pinks ton
Poag Y Porter Y Poston Y Powell Y Rainey Y Randall
Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith.P
Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Titus Y Tolbert
Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Yates 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.
HB 223. By Representatives Smyre of the 92nd, Hooks of the 116th, Coleman of the 118th and Lawson of the 9th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the "Geo. L. Smith II Georgia World Congress Center Act," so as to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees, prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof.
The following Committee substitute was read:
WEDNESDAY, FEBRUARY 22, 1989
1309
A BILL
To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, known as the "Geo. L. Smith II Georgia World Congress Center Act," so as to change the definition of the cost of the project and define the cost of the facilities; to delete the definition of the term "stadium"; to provide that the Geo. L. Smith II Georgia World Congress Center Authority may incur taxable or nontaxable debt; to authorize such authority to fix rentals, fees, prices, charges, and other terms, conditions, and considerations in connection with the use of any project or part thereof or combination thereof; to change the provisions relating to the exemption from taxation; to provide for the disposition of proceeds of revenue bonds issued by such authority; to provide for the power of such authority to contract with other public entities; to provide for permissible security for revenue bonds issued by such authority; to provide for sources of payment for revenue bonds issued by such authority; to provide that the powers granted to such authority are cumulative; to provide for related matters; to amend an Act relating to the Geo. L. Smith II Georgia World Congress Center Authority, approved March 30, 1988 (Ga. L. 1988, p. 556), so as to repeal provisions relating to the use of state funds in connection with a domed stadium; 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, known as the "Geo. L. Smith II Georgia World Congress Center Act," is amended by striking paragraph (2) of Code Section 10-9-3, relating to definitions of terms, and inserting in its place a new paragraph to read as follows:
"(2) 'Cost 'Cost' with respect to the terms 'cost of the project' or 'cost of the facilities^ includes but is not limited to the following:
(A) All costs of construction^ purchase, or other form ef acquisition the purchase, lease, or any other form of acquisition by agreement, eminent domain, or otherwise or improvement, construction, reconstruction, repair, or maintenance of the project or any facility or component of either;
(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 any application therefor;
(C) All machinery, equipment, furnishings, and fixtures required for such project or facilities;
(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 or facilities 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 facilities or to determine the feasibility or practicability of the project or facilities; (H) Fees paid pursuant to the 'Georgia Allocation System' established by Article 8 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) Costs of the payment or performance of any obligation of the authority with respect to any lease to or by the authority of or with respect to the project or any facilities or any component thereof; (4) (K) Administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this chapter; 4K) (L) The repayment of any loans made for the advance payment of any part of such cost, including the interest thereon; and (t) (M) 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
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authority with respect to the financing and operation of its projects or facilities 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 fL) (M) 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."
Section 2. Said chapter is further amended by striking in its entirety paragraph (4) of said Code Section 10-9-3, which paragraph was formerly paragraph (15) of subsection (b) of Code Section 10-9-4, relating to powers of the authority, which paragraph defines the term "stadium."
Section 3. Said chapter is further amended by adding at the end of said Code Section 10-9-4 a new subsection (d) to read as follows:
"(d) The authority shall have the power to borrow money and to issue revenue bonds regardless of whether the interest payable by the authority incident to such loans or revenue bonds or income derived by the holders of the evidence of such indebtedness or revenue bonds is, for purposes of federal or state taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient."
Section 4. Said chapter is further amended by striking in its entirety Code Section 10-9-10, relating to exemption of such authority from taxation, and inserting in lieu thereof a new Code Section 10-9-10 to read as follows:
"10-9-10. It is found, determined, and declared that the creation of the authority in and the carrying out of its corporate purpose is purposes are in all respects for the benefit of the people of this state and is a are public purpose purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under the its jurisdiction, control, possession, or supervision or upon its activities in the development, construction, operation; or maintenance of any of the projects or facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in and shall not be subject to regulation of its activities in the acquisition, development, construction, operation, or maintenance of any of the projects or facilities acquired, developed, constructed, operated, or maintained by it by any county or municipal corporation of this state. The revenue bonds or other evidence of indebtedness issued by 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 ne event shaH the exemptions granted i this Code section extend te any lessee er ether private person or entity."
Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 10-9-14, relating to the fixing of rentals and fees, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any tenant, lessee, licensee, user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or the facilities 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, and to establish and to perform and pay any obligations established under such other terms, conditions, and considerations as the authority and any such tenant, lessee, licensee, user, exhibitor, concessionaire, franchisee, or vendor shall determine necessary or appropriate. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or facilities or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such
WEDNESDAY, FEBRUARY 22, 1989
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project and funds available to the authority, if any, to pay the cost of acquiring, constructing, equipping, maintaining, repairing, and operating the project or facilities, including the reserves payment of debt service with respect to any revenue bonds issued under Article 3 of this chapter or other indebtedness and the payment or performance of contractual obligations incurred or undertaken by the authority and the establishment of reserves for debt service for such revenue bonds or 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."
Section 6. Said chapter is further amended by striking in its entirety Code Section 10-9-45, relating to the use of proceeds of revenue bonds, and inserting in lieu thereof a new Code Section 10-9-45 to read as follows:
"10-9-45. The proceeds of the revenue bonds shall be used solely for the payment of the eest ef costs of the project incurred with respect to the facilities designated by the resolution authorizing the issuance of such 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 or by the Georgia State Financing and Investment Commission acting on behalf of the authority under contract with 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."
Section 7. Said chapter is further amended by striking in its entirety Code Section 10-9-49, relating to the lease of facilities by such authority, and inserting in lieu thereof a new Code Section 10-9-49 to read as follows:
"10-9-49. (a) The authority shall be authorized te lease operate and manage the facilities financed by the issuance of revenue bonds as authorized by this article te one ot more . The authority may, incident to such operation and management, lease the facilities to persons, firms, private corporations, authorities, counties, municipal corporations, public corporations, public authorities, or other political subdivisions of this state under ene er more leases covering all or such separately identified portions of the facilities as the authority may determine appropriate? The term ef any such lease ghall be
tje substantially complete and tnc lease snail not provide tor any extension OF renewal oi trie tcrmr i ne lease of leases snail require tnc lessee of lessees to pay rentals tR an aggregate amount which, and upon and for such terms, conditions, and considerations and for such rentals, fees, prices, and other charges as the authority shall determine appropriate. The authority shall fix the rentals, fees, prices, and other charges payable to the authority under such leases so that the aggregate amount of such rentals, fees, prices, or other charges derived by the authority thereunder, together with other revenuess and earnings of the authority from the facilities designated by the resolution authorizing the issuance of the revenue bonds, and together with revenues, earnings, and funds otherwise 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
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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 ef leases as such principal, interest, premiums, discounts, fees, costs, or expenses shall become due dtict fflsy otherwise rccjtHTC the lessee of lessees to indemnity 9nd hold harmless the
costs, or expenses with respect to the revenue bonds , together with the costs of the maintenance, repair, and operation of the facilities, including reserves established for such purposes, and the payment and performance of contractual obligations of the authority. The obligation of the any lessee er lessees to the authority under any such lease shall may be secured in such manner as the authority shall determine appropriate. The lease er leases Any such lease 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 er leases enforce all contracts or rights of action of such lessee ef lessees relating to or arising out of the operation of the facilities covered by such lease ef leases. Any such lease ef leases shall contain such other terms a&4 , conditions, and considerations as the authority may determine appropriate.
authority may deem reasonable and appropriate. 1 nc authority may ffi~ any event con -i
operate to extmguisn any lease er to merge tnc autnonty s separate rignts, interests, er obligations tm4ef its separate contractST
fe) (b) 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 or conduct any activity within the facilities. The term 'lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for such estate, interest, right, or privilege.
{4) (c) 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, er other agency thereof er ay county, municipalrtv7 school district, er other political subdivision ef 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 er equipment with respect te such activities, services, ef facilities which the contracting parties are authorized by law to undertake or provide.
fe) (d) Pursuant to any such contract, in connection with any facility authorized under this article or any project authorized under this chapter, the authority may undertake such facility or provide such services or facilities or projects 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 or projects which the contracting public entity is authorized by the Constitution and tew or laws of this state to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution and Chapter 6i Chapters 42, 44, 61^ and 64 of Title 365 and Article 3 of Chapter 13 of Title 48, and any such contracting public entity is authorized to undertake to pay the authority for such activities, services, or facilities or projects such amounts and upon on such terms as the parties may determine.
ff) (e) 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) (f) 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.
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1313
(fe) (g) 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."
Section 8. Said chapter is further amended by striking in its entirety Code Section 10-9-50, relating to enforceability of revenue bonds issued by such authority, and inserting in lieu thereof a new Code section to read as follows:
"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 ef any eity 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 derived from the facilities designated by the resolution authorizing the issuance of such revenue bonds or which are otherwise available to the authority for such purposes which are so designated, including but not limited to, rents, revenues, earnings, and funds which are:
(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 facilities acquired with or improved by 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 or improved 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 or improved 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 either: (i) which are derived from or in connection with the facilities acquired or improved by the proceeds of the revenue bonds or the use or operation thereof or the services provided through such facilities; or (ii) which are otherwise available to the authority for such purposes. 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^ er eity ef county ef 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."
Section 9. Said chapter is further amended by striking subsection (b) of Code Section 10-9-51, relating to security for revenue bonds issued by the authority, and inserting in its place a new subsection (b) to read as follows:
"(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
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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 derived from the facilities designated by the resolution authorizing the issuance of such revenue bonds or which may be otherwise available to the authority for such purposes, including but not limited to rents, revenues, earnings, and funds which are:
(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 facilities acquired with or improved by 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 or improved 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 or improved 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 either: (i) which are derived from or in connection with the facilities acquired or improved by the proceeds of the revenue bonds or the use or operation thereof or the services provided through such facilities; or (ii) which are otherwise available to the authority for such purposes. (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 disbursements, 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 engineers or architects employed or designated by the authority. The resolution or the 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."
Section 10. Said chapter is further amended by striking in its entirety Code Section 10-9-53, relating to the disposition of the proceeds of revenue bonds issued by such authority, and inserting in lieu thereof a new Code Section 10-9-53 to read as follows:
"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 or to the Georgia State Financing and Investment Commission acting under contract with the authority which officer, person, bank, trust company, or agency shall act as trustee of such funds and shall hold and apply the same to the purposes set forth in or through this article, subject to such regulations as this article and Article 1 of this chapter, or as the resolution or trust indenture^ may provide."
Section 11. Said chapter is further amended by adding at the end thereof a new Code Section 10-9-61 to read as follows:
"10-9-61. (a) The powers granted to the authority under this article are cumulative and not in derogation of the powers otherwise granted to the authority under this chapter.
WEDNESDAY, FEBRUARY 22, 1989
1315
(b) Without limitation of the foregoing, the authority shall have the power to pledge or assign as security for the payment of, and to apply in the payment of, any indebtedness incurred by the authority under paragraph (9) of subsection (b) of Code Section 10-9-4 any rents, revenues, earnings, and funds derived from or in connection with the facilities undertaken under this article or any project under this chapter or otherwise available to the authority for such purposes, as the authority may determine necessary or appropriate, subject to such limitations or priorities as may be established incident to the issuance of revenue bonds under this article."
Section 12, An Act relating to the Geo. L. Smith II Georgia World Congress Center Authority, approved March 30, 1988 (Ga. L. 1988, p. 556), is amended by striking therefrom Section 6, relating to the use of state funds in connection with the acquisition of land for, the construction of, and the debt service incurred in connection with a domed stadium, which Section 6 is repealed in its entirety.
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 14. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Murphy of the 18th, Smyre of the 92nd and Groover of the 99th move to amend the Committee Substitute to HB 223 by striking the words "other public entities" on line 15 of page 1 and inserting in lieu thereof the following:
"public and private entities; to provide that certain leases by the authority must be approved by the Fiscal Affairs Subcommittees of the Senate and House".
By striking the word "The" on line 7 of page 8 and inserting in lieu thereof the following:
"(1) Subject to the requirements of paragraph (2) of this subsection, the The".
By adding between lines 29 and 30 of page 9 the following:
"(2) Any lease provided for in paragraph (1) of this subsection which lease is for a term in excess of ten years must, as a condition precedent to its effectiveness, be approved by the Fiscal Affairs Subcommittees of the Senate and House of Representatives meeting jointly as one committee; and such approval shall require the affirmative votes of at least 11 members of such subcommittees sitting jointly."
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 Abernathy Y Adams Y Aiken YAlford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck N Buford Y Byrd 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
Cox Y Crawford
Crosby Y Cummings.B
Cummings.M
Y Davis.C Y Davis,G N Davis,M
Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
N Ehrhart Y Felton Y Fennel
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JOURNAL OF THE HOUSE,
Y Floyd Y Foster Y God bee Y Goodwin Y Green Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton Y Banner
Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson.W Jamieson
N Jenkins Y Johnson Y Jones Y Kilgore N Kingston Y Lane.D Y Lane.R
Y Langford N Lawrence Y Lawson
YLee N Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
McKelvey Y McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Moore
N Morton N Moultrie N Mueller
Oliver.C
Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston
YPoag Y Porter Y Poston N Powell
Y Rainey Y Randall Y Ransom NRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W
Y Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens
Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend
Y Twiggs N Vaughan
Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White N Wilder Y Williams.B
Williams,J N Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 75. By Representatives Snow of the 1st, McCoy of the 1st, Poston of the 2nd, Poag of the 3rd, Foster of the 6th 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 that if the county or municipality in which a hazardous waste facility is to be located disapproves the issuance of a permit for the facility, the permit shall be disapproved by the Director of the Environmental Protection Division.
The following Committee substitute was read and adopted:
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 a requirement relative to the notification of local governmental jurisdictions and the general public concerning the receipt by the Environmental Protection Division of an application for a hazardous waste facility permit; 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 subsection (h) of Code Section 12-8-66, relating to permits for the construction and operation of hazardous waste facilities, in its entirety and substituting in lieu thereof a new subsection (h) to read as follows:
"(h) Upon the first receipt of an application for a hazardous waste disposal facility permit, the director, within 15 days, shall provide written notification of the pendency ef a permit application te various teeal governmental subdivisions and te other interested persons HI trie locftiity tft wnicii the proposed ifteility msy tje locstcd to trie government of the county in which the facility is located or is proposed to be located, and shall provide to each city government within that county, a written notice indicating that an
WEDNESDAY, FEBRUARY 22, 1989
1317
application has been received and describing the hazardous waste activities the applicant proposes to conduct. Within a 30 day period after first receipt of such application, the director shall also publish in at least one local newspaper of general circulation in the county a public notice that an application for a hazardous waste facility permit has been received. A public hearing shall be held if such is requested in writing within 30 days after receipt or publication of notification and is requested by 25 or more persons who claim to be affected by the pending permit application, by a governmental subdivision, or by an association having not fewer than 25 members. If requested, the public hearing shall be conducted at the county seat of the county in which the hazardous waste disposal facility is proposed to be located. At least 36 45 days prior to the date of the public hearing, the director shall provide written notice to the various local governmental subdivisions and other interested persons parties in the locality in which the proposed facility may be located that a public hearing has been requested, which written notice shall also include the date, time, location, and purpose of the public hearing. The date, time, location, and purpose of such public hearing shall be advertised in the legal organ of the county in which the facility is proposed at least 36 45 days in advance of the date set for the hearing. Such public hearings shall be held for the purpose of receiving comments and suggestions concerning the location and requirements for the operation of a hazardous waste disposal facility. The director shall consider fully all written and oral submissions regarding the proposed facility and the pending application."
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 Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
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 Cox Y Crawford Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong Y Lord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Y Rainey Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield
Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens
Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Y Yates Y Yeargin
Murphy.Spkr
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On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 141. By Senators Barnes of the 33rd and Starr of the 44th:
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 the regulation of dealers and suppliers of multiline heavy equipment; to define certain terms; to regulate the cancellation and renewal of agreements between dealers and suppliers; to provide for notice of intent to amend or cancel an agreement.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Public Safety:
HB 887. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of "private carrier" certain motor vehicles engaged in the harvesting or transportation of forest products.
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 115. By Representatives Jackson of the 83rd and Ricketson of the 82nd:
A resolution providing that for state purposes the lake in northeastern Georgia will continue to be designated as the Clarks Hill Lake, Clarks Hill Reservoir, or Clarks Hill Area.
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 Abernathy Y Adams N Aiken Y Alford Y Alien YAthon N Atkins Y Bailey Y Baker
Balkcom N Bannister Y Barfoot
Y Bargeron
Y Barnett,B N Barnett,M
Beck Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Brooks Y Brown Y Buck
Y Buford
Y Byrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Clark,B N Clark.H Y Clark,L N Colbert Y Coleman Y Colwell
Y Connell
Y Couch Cox
Y Crawford Crosby
Y Cummings,B Cummings,M
Y Davis.C Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn
Y Edwards N Ehrhart N Felton Y Fennel Y Floyd
Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Griffin Y Groover
Y Hamilton
WEDNESDAY, FEBRUARY 22, 1989
1319
Y Manner
N Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Y Irwin
N Isakson Y Jackson,J Y Jackson.W
Jamieson Y Jenkins Y Johnson
N Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford N Lawrence Y Lawson YLee N Linder YLong Y Lord
Lucas N Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows
Y Milam Y Mobley Y Moody Y Moore
N Morton Y Moultrie N Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall N Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F N Stancil.S
Stanley N Steele Y Stephens Y Teper Y Thomas.C
N Thomas.M Y Thompson Y Thurmond N Titus N Tolbert
Townsend
Y Twiggs N Vaughan N Waddle Y Walker.C Y Walker.L N Wall
Ware Watson Y Watts
White N Wilder N Williams,B
Williams,J
N Yates Yeargin
Murphy ,Spkr
On the adoption of the Resolution, the ayes were 120, nays 31. The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Judiciary:
HB 588. By Representatives Thompson of the 20th and Simpson of the 70th:
A bill to amend Code Section 17-10-4 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors of a high and aggravated nature, so as to change the maximum fine.
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 124. By Representative Smith of the 78th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to secure debt and bills of sale, so as to require that mailing addresses of grantees and transferees of deeds to secure debt be included upon such deeds or transfers in order for them to be recorded.
By unanimous consent, further consideration of HB 124 was postponed until tomorrow morning immediately following the period of unanimous consents.
The following communication from the Secretary of State was received and read:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 892 through 903, who have registered in the Docket of Legislative Appearance as of February 17, 1989, 3:00 p.m., in accordance with Georgia Law 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
1320
JOURNAL OF THE HOUSE,
(SEAL)
City of Atlanta, this 17th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-nine and of the Independence of the United States of America the Two Hundred and Thirteenth.
/s/ Max Cleland Secretary cf State
892. Ken Baker Space Master Enterprises, Inc. 5901-A Peachtree-Dunwoody Rd. Suite 550 Atlanta, Georgia 30328
893. Baoky Vu Students for an Educated Ga. 6194 Wandering Way Norcross, Georgia 30093
894. Debianne Villines Natl. Assoc. of Amer. Coll. of OB., Gyn., & Neonatal Nurses 1001 Johnson Ferry Road Norcross, Georgia 30093
895. Dorothy Keffer Georgia Farm Bureau Citizen Broad Street Sparta, Georgia 31087
896. Judith S. Smith Citizen 4060 Magnola Lane Forest Park, Georgia 30050
897. Ronald A. Pierce Dupont/Conoco 230 Callan Drive Rossville, Georgia 30741
898. John M. Puckett Citizen J.M. Puckett, Inc. 4805 Lawrenceville Hwy. Suite 116-185 Lilburn, Georgia 30247
899. Jerry O. Sorrels Gov. Emp. Ins. Co. 4295 Ocmulgee East Blvd. Macon, Georgia 31295
900. Harold Glenn Anthony Wakefield Investments, Inc. Great Southern Paper Company 4290 Valley Trail, N.W. Atlanta, Georgia 30339
901. J. Barry Schrenk Taggart's Driving School Sears Driving School Assoc. of Georgia Driver Improvement Clinics 3566 Lawrenceville Highway Tucker, Georgia 30084
902. Joseph Carlisi Assoc. of Georgia Driver Improvement Clinics Buford Highway D.U.I. School So. Fulton Driver Imp. Clinic Citizen 4649 Buford Highway Chamblee, Georgia 30341
903. Nancy Wiggins-Lester ALW Home Mortgages, Inc. A.L. Williams & Assoc., Inc. 3100 Breckinridge Blvd. Duluth, Georgia 30136
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 607 Do Pass HB 878 Do Pass HR 196 Do Pass
WEDNESDAY, FEBRUARY 22, 1989
1321
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Clark of the 55th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 39 Do Pass HB 638 Do Pass, by Substitute HB 390 Do Pass
Respectfully submitted, /s/ Clark of the 55th
Chairman
Representative Dunn of the 73rd District, Vice-Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 13 Do Pass SB 30 Do Pass, by Substitute SR 27 Do Pass, as Amended
Respectfully submitted, /s/ Dunn of the 73rd
Vice-Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 252 Do Pass, by Substitute HB 891 Do Pass
HB 895 Do Pass HB 898 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
1322
JOURNAL OF THE HOUSE,
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 719 Do Pass
HB 272 Do Pass, by Substitute
SB
1 Do Pass, by Substitute
Respectfully submitted, /&/ Patten of the 149th
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 887 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
Representative Kilgore of the 42nd District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation 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 277 Do Pass SR 39 Do Pass
Respectfully submitted, /s/ Kilgore of the 42nd
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.
THURSDAY, FEBRUARY 23, 1989
1323
Representative Hall, Atlanta, Georgia Thursday, February 23, 1989
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 James Miller, Pastor, Holly Grove Baptist Church, Griffin, 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 939. By Representative Crosby of the 150th: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for a deduction for taxpayers other than corporations who have net capital gains derived from the sale of timber; to provide for certain authority of the state revenue commissioner.
Referred to the Committee on Ways & Means.
HB 940. By Representative Crosby of the 150th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a certain credit for taxpayers other than corporations who have taxable income derived from the sale of timber; to provide for certain authority of the state revenue commissioner.
Referred to the Committee on Ways & Means.
1324
JOURNAL OF THE HOUSE,
HR 319. By Representatives McKinney of the 35th and Felton of the 22nd: A resolution creating the House Fulton County Study Commission.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:
HB 941. By Representative Thompson of the 20th:
A bill to amend Code Section 36-36-70 of the Official Code of Georgia Annotated, relating to the annexation of areas furnished services or included in the comprehensive zoning plans of certain counties, so as to change the provisions specifying the applicability of Code Section 36-36-70.
Referred to the Committee on State Planning & Community Affairs.
HB 942. By Representatives Connell of the 87th, Padgett of the 86th, Walker of the 85th, Cheeks of the 89th and Ransom of the 90th:
A bill creating the Augusta Canal Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 943. By Representative Parham of the 105th:
A bill to amend Code Section 11-9-507 of the Official Code of Georgia Annotated, relating to a secured party's liability for failure to comply with requirements relative to default, so as to provide that the sale of a motor vehicle by public or private motor vehicle auction, to a motor vehicle wholesaler, or to an individual shall constitute a commercially reasonable sale of collateral.
Referred to the Committee on Motor Vehicles.
HB 944. By Representatives Godbee of the 110th and Lane of the lllth:
A bill to revise and consolidate provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein; to continue without change current provisions relating to the compensation of said officers; to change provisions relating to the compensation of personnel in the offices of said officers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 945. By Representatives Vaughan of the 20th, Howren of the 20th, Thompson of the 20th, Aiken of the 21st, Ehrhart of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.
THURSDAY, FEBRUARY 23, 1989
1325
HB 946. By Representative Ransom of the 90th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to declare as a public policy the child's inherent right to frequent and continuing contact with both parents after the separation or dissolution of their marriage; to provide for definitions; to provide for the award of custody of a minor child and the order of preference relating thereto.
Referred to the Committee on Judiciary.
HB 947. By Representatives Dobbs of the 74th, Alford of the 57th and Green of the 106th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment.
Referred to the Committee on Health & Ecology.
HB 948. By Representative Balkcom of the 140th:
A bill to amend an Act incorporating the City of Blakely, so as to change the date of the general municipal election; to provide for council posts; to provide for terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 949. By Representatives Lupton of the 25th, Dobbs of the 74th, Alford of the 57th, Porter of the 119th, Lane of the lllth and others:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions; to provide for the disclosure of the environmental impacts of proposed state programs and projects.
Referred to the Committee on Natural Resources & Environment.
HB 950. By Representative Crosby of the 150th:
A bill to amend an Act creating a new charter for the City of Homerville, so as to change the date of the municipal general election; to change the time for qualifying for election; to provide for election of councilmembers from posts; to provide for terms of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 321. By Representative Lupton of the 25th:
A resolution authorizing the conveyance of state owned real property to the Georgia Trust for Historic Preservation, Inc..
Referred to the Committee on State Institutions & Property.
1326
JOURNAL OF THE HOUSE,
HR 322. By Representatives Dobbs of the 74th, Porter of the 119th, Oliver of the 53rd, Coleman of the 118th, Lane of the lllth and others:
A resolution directing the Department of Transportation to conduct a feasibility study of state-wide mass transit and heavy rail systems.
Referred to the Committee on Transportation.
HR 323. By Representatives Alford of the 57th, Meadows of the 91st, Baker of the 51st, Watts of the 41st and Oliver of the 53rd:
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.
Referred to the Committee on Industry.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 905 HB 906 HB 907 HB 908 HB 909 HB 910
HB 911 HB 912
n HoR 0U1LOQ
HB 914 HB 915 HB 916
HR 017
HB
918
HB 919
HB 920
H ntR> Qy9t1i
nHoR 0si9z9i
HR Q9T
HB 924
HB 925
HB 926
HB 927
HB 928
HB 929
HB 930
HB 931
HB 932 HB 933 HB 934 HB 935 HB 936 HB 937
HB 938 HR o 19
" UrK> A 01iol
f.\
TM
" K Jlb
HR 317
TT D
Q1Q
?"
fa }
foc>nB o18^a
Q r> O^4CI8-
bt5 *"
TM <5R 9277^3
308
&c di '
SB 321
SB 340
SR 37
SR 58
SR 142
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 843 Do Pass SB 290 Do Pass
SB 140 Do Pass, by Substitute SR 30 Do Pass, by Substitute
THURSDAY, FEBRUARY 23, 1989
1327
Respectfully submitted, /s/ 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 309 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 713 Do Pass, by Substitute HB 357 Do Pass
HB 251 Do Pass SB 186 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 101st
Chairman
Representative Lane of the 27th 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 recommndations:
HB 807 Do Pass, as Amended HB 808 Do Pass, as Amended HB 880 Do Pass HB 882 Do Pass HB 883 Do Pass HB 884 Do Pass HB 886 Do Pass
HB 888 Do Pass HB 892 Do Pass HB 893 Do Pass HB 896 Do Pass HB 902 Do Pass HB 903 Do Pass SB 281 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
1328
JOURNAL OF THE HOUSE,
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 23, 1989
Mr. Speaker and Members of the House:
The House Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:
HB 145 HB 569 HB 576 HB 592 HB 599 HB 617 HB 629 HB 634 HB 638 HB 686 HB 689 HB 706 HB 716 HB 719 HB 723 HB 725 HB 731 HB 749 HB 877
General Appropriations: FY 1989-90 Employment Security: Ed. Institutions: Benefits Probation: Revocation: Transfer to Original County School Bus: Change Definition Grand Jury: Upcoming Appointment: Notification Insurance: County Tax: Proceeds QBE: Direct Instructional Costs: Funding Buying or Selling of Human Body Parts: Define Offense Mentally Retarded Persons: Community Services: Payment Workers' Compensation: Cert. Pharmacy Services: Requirements Pressure Vessels: Storage of Liquid Propane Gas: Requirements Peace Off. Annuity/Benefit Fund: Narcotics Agents: Eligibility Public Assistance: Overpayment: Recovery Cleaning Agents/Water Conditioners: Retail Sales: Prohibitions Municipalities: Certain Petitions to Amend Charters: Requirements Administrative Services: Certain Inventory: Acquisition Costs QBE: School Readiness Assessment: Uniform State Wide Georgia Plant Food Act of 1989: Enact General Assembly: Certain Accommodations: Expense Allowance
HR 277 A.T. Land, Sr. Highway: Designate
SB 187 Commercial Code: Reason for Dishonor: Affidavit SB 200 Driver's License: Suspension for Reckless Driving: Penalty SB 245 Municipalities: Property Conveyance: Requirements
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 807. By Representative Hudson of the 117th:
A bill to provide for the continuing existence of the Wilcox County School District and the Wilcox County board of education; to provide for the election of the members of the board.
The following amendment was read and adopted:
The House Committee on State Planning and Community Affairs moves to amend HB 807 by striking Section 5 and inserting in its place a new Section 5 to read as follows:
"Section 5. Should a vacancy occur on the board of education by death, resignation, or otherwise, the judge of the probate court of the county shall call for a special election to be held not less than 30 days nor more than 60 days from the date the vacancy arose for the purpose of filling such vacancy; provided, that should a vacancy occur on the board and the unexpired term of such vacant seat be six months or less, the judge or
THURSDAY, FEBRUARY 23, 1989
1329
judges of the Superior Court of Wilcox County shall appoint a successor from the district in which the vacancy exists to fill the unexpired term."
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 808. By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to provide for the election of the members of the board.
The following amendment was read and adopted:
The House Committee on State Planning and Community Affairs moves to amend HB 808 by striking all matter on lines 19 through 30 of page 8 and inserting in place thereof the following:
'"Section 5. Should a vacancy occur on the board of commissioners by death, resignation, or otherwise, the judge of the probate court of the county shall call for a special election to be held not less than 30 days nor more than 60 days from the date the vacancy arose for the purpose of filling such vacancy; provided, that should a vacancy occur on the board and the unexpired term of such vacant seat be six months or less, the judge or judges of the Superior Court of Wilcox County shall appoint a successor from the district in which the vacancy exists to fill the unexpired term.'"
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 880. By Representative Hanner of the 131st:
A bill to amend an Act providing a new charter for the City of Dawson, 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 882. By Representative Hanner of the 131st:
A bill to amend an Act to provide a new charter for the Town of Sasser, so as to change the provisions relating to the election of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1330
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 883. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Wall of the 61st and Mobley of the 64th:
A bill to amend an Act providing for a Gwinnett County Board of Registrations and Elections, so as to change certain provisions relating to the appointment of certain members.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 884. By Representative Hanner of the 131st:
A bill to amend an Act to provide a new charter for the City of Dawson, so as to change the provisions relating to the election of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 886. By Representatives Oliver of the 53rd, Lawrence of the 49th, Baker of the 51st, Richardson of the 52nd, Teper of the 46th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 888. By Representative Hanner of the 131st:
A bill to amend an Act incorporating the Town of Bronwood, so as to provide for the terms of office and date of election of the mayor and members of the city council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 23, 1989
1331
HB 892. By Representative Yeargin of the 14th: A bill to create the Oglethorpe County Water 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 893. By Representative Yeargin of the 14th:
A bill to create the Elbert County Richard B. Russell Development Authority and to authorize such authority to acquire, construct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 903. By Representatives Carrell of the 65th, Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating a new judicial circuit for the State of Georgia, known as the Alcovy Judicial Circuit, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 281. By Senator Kidd of the 25th:
A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, as amended, so as to repeal certain provisions relating to residency requirements for employees of the city; to change the provisions relating to fines imposed by the judge of the municipal court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1332
JOURNAL OF THE HOUSE,
HB 896. By Representatives Padgett of the 86th, Connell of the 87th, Walker of the 85th and Cheeks of the 89th:
A bill to amend an Act providing that the governing authority of Richmond County shall be a board of commissioners consisting of a chairman and nine other members and designating the board as the Augusta-Richmond County Commission-Council and the members of the board of commissioners as commissioners-councilpersons, so as to change the title of the chairman to chairman-mayor.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, all of the preceding Bills of the House and Senate were ordered immediately transmitted to the Senate.
Representative Walker of the 115th wished to be recorded as voting "nay" on HB 896.
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 349. By Senator Fuller of the 52nd:
A bill to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County so as to provide that the salary of such judge shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide for an effective date.
SB 356. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Hart County; to provide for a chairman, members, elections, qualifications, terms, and election procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for a clerk; to provide for meetings; to provide for a county attorney.
SB 357. By Senator Johnson of the 47th:
A bill to amend an Act placing the sheriff of Hart County upon an annual salary, as amended, so as to change certain provisions relating to the compensation of the sheriff; to provide an effective date.
SB 358. By Senator Johnson of the 47th:
A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide an effective date.
THURSDAY, FEBRUARY 23, 1989
1333
SB 359. By Senator Johnson of the 47th:
A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date.
HB 342. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act reconstituting the board of education of Jones County, so as to change the compensation of the chairman and members of such board.
HB 670. By Representatives Couch of the 36th, Lane of the 27th, Alford of the 57th, Townsend of the 24th, Coleman of the 118th and others:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," to permit the use of interest earned on certain reserve funds to pay operating costs; to include interest earned on certain reserve funds in the definition of transit operating revenue.
SB 123. By Senators Stumbaugh of the 55th, Dean of the 31st and Deal of the 49th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a limited driving permit.
SB 299. By Senator Dawkins of the 45th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of government indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date.
HB 4. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, so as to change the effective date.
HB 71. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for additional penalties for the distribution or the possession with the intent to distribute certain dangerous drugs.
HB 120. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to repeal an Act entitled "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".
1334
JOURNAL OF THE HOUSE,
HB 134. By Representatives Green of the 106th, Ricketson of the 82nd and Parrish of the 109th:
A bill to amend Code Section 27-4-92 of the Official Code of Georgia Annotated, relating to use of fish baskets in commercial fresh-water fishing, so as to limit the number of fish baskets allowed on Lake Sinclair and Lake Oconee to three baskets per person.
HB 140. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide exemptions for such authorities from the requirements of Article 4 of Chapter 18 of Title 50, relating to open meetings; to provide for such exemptions to be comparable to those exemptions granted such authorities in Chapter 14 of Title 50, relating to open records.
HB 155. By Representatives Griffin of the 6th, Foster of the 6th, Patten of the 149th, Poag of the 3rd and McCoy of the 1st:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Underground Storage Tank Act," so as to change the provisions relating to the definition of a petroleum product: to change the provisions relating to the payment of the environmental assurance fee on petroleum products for the purposes of the Underground Storage Tank Trust Fund.
HB 181. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Jones of the 71st, Colbert of the 23rd and others:
A bill to amend Code Section 33-5-25 of the Official Code of Georgia Annotated, relating to the duties of a broker in placing insurance with an unauthorized insurer, so as to provide that a broker shall use current available reliable financial information about unauthorized insurers; to provide conditions for the placement of insurance.
HB 240. By Representatives Crosby of the 150th, Coleman of the 118th, Walker of the 115th, McDonald of the 12th, Johnson of the 123rd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a job tax credit for certain business enterprises in certain counties which have been designated by the Department of Community Affairs and certified by the state revenue commissioner as less developed areas.
HB 202. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth, Reaves of the 147th and Langford of the 7th:
A bill to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the game and fish laws, so as to change certain definitions; to amend Code Section 27-4-74 of the Official Code of Georgia Annotated, relating to the sale, purchase, or transportation of game fish generally, so as to exempt farmed domestic fish from the prohibitions of the Code section.
THURSDAY, FEBRUARY 23, 1989
1335
SB 359. By Senator Johnson of the 47th:
A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date.
HB 342. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend an Act reconstituting the board of education of Jones County, so as to change the compensation of the chairman and members of such board.
HB 670. By Representatives Couch of the 36th, Lane of the 27th, Alford of the 57th, Townsend of the 24th, Coleman of the 118th and others:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," to permit the use of interest earned on certain reserve funds to pay operating costs; to include interest earned on certain reserve funds in the definition of transit operating revenue.
SB 123. By Senators Stumbaugh of the 55th, Dean of the 31st and Deal of the 49th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a limited driving permit.
SB 299. By Senator Dawkins of the 45th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of government indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date.
HB 4. By Representative Richardson of the 52nd:
A bill to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, relating to the treatment of alcoholics and intoxicated persons, so as to change the effective date.
HB 71. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for additional penalties for the distribution or the possession with the intent to distribute certain dangerous drugs.
HB 120. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to repeal an Act entitled "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".
1336
JOURNAL OF THE HOUSE,
HB 485. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current payment of income taxes, so as to change and correct a date in the table of times for installment payments of estimated taxes.
HB 524. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the provisions relating to jury lists and the compilations and revision thereof; to change certain procedures; to provide for the creation of jury lists and boxes in counties using nonmechanical procedures and in counties using mechanical or electronic procedures.
HB 546. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend an Act which amended Chapter 1 of Title 51 of the Official Code of Georgia Annotated, and which provided that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age, so as to correct a typographical error in a cross-reference.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:
HB 54. By Representative Alien of the 127th:
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 sports officials who officiate athletic contests shall not be liable in civil actions for injuries or damages claimed to have arisen by virtue of actions or inactions related to such officiating within the confines of the athletic facility at which the athletic contest is held.
HB 169. By Representatives Redding of the 50th, Powell of the 145th and Harris of the 84th:
A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and package sales of distilled spirits, so as to require applicants for retail dealer licenses to publish notices of intent.
HB 265. By Representatives Orrock of the 30th, McDonald of the 12th and Dunn of the 73rd:
A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to the regulation of aeronautics, aircraft, and airports generally, so as to provide that no person may operate any aircraft in this state within eight hours after the consumption of an alcoholic beverage, while under the influence of alcohol, or while using any drug that affects such person's faculties.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House and Senate:
THURSDAY, FEBRUARY 23, 1989
1337
HR 19. By Representative Parham of the 105th: A resolution designating the Thomas Humphrey Highway.
HR 74. By Representatives Jamieson of the llth and Dover of the llth: A resolution designating the U. S. 441 Business Historic Route.
SR 170. By Senator Coleman of the 1st:
A resolution commending the Citizens' Committee for Skidaway Island State Park, Union Camp Corporation, and the Branigar Organization.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 123. By Senators Stumbaugh of the 55th, Dean of the 31st and Deal of the 49th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a limited driving permit.
Referred to the Committee on State Institutions & Property.
SB 299. By Senator Dawkins of the 45th:
A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to repeal in its entirety Article 1 of said chapter which requires that publications of the executive branch of government indicate certain information on the cover of the publication; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 349. By Senator Fuller of the 52nd:
A bill to amend an Act providing for the election of the judge of the Juvenile Court of Floyd County so as to provide that the salary of such judge shall be set by the governing authority of Floyd County; to provide that such judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 356. By Senator Johnson of the 47th:
A bill to create a new board of commissioners of Hart County; to provide for a chairman, members, elections, qualifications, terms, and election procedures; to provide for commissioner districts; to provide for vacancies; to provide for oaths of office and surety bonds; to provide for a clerk; to provide for meetings; to provide for a county attorney.
Referred to the Committee on State Planning & Community Affairs - Local.
1338
JOURNAL OF THE HOUSE,
SB 357. By Senator Johnson of the 47th:
A bill to amend an Act placing the sheriff of Hart County upon an annual salary, as amended, so as to change certain provisions relating to the compensation of the sheriff; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 358. By Senator Johnson of the 47th:
A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 359. By Senator Johnson of the 47th:
A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 124. By Representative Smith of the 78th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to secure debt and bills of sale, so as to require that mailing addresses of grantees and transferees of deeds to secure debt be included upon such deeds or transfers in order for them to be recorded.
The following Committee substitute was read:
A BILL
To amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to secure debt and bills of sale, so as to require that mailing addresses of grantees and transferees of deeds to secure debt be included upon such deeds or transfers in order for them to be recorded; to provide that failure to comply with the provisions relating to the mailing addresses shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding conveyances to secure debt and bills of sale, is amended by striking Code Section 44-14-63, relating to recording deeds to secure debts and bills of sale, and inserting in its place a new Code section to read as follows:
"44-14-63. (a) Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded in the county where the maker, if a resident of this state, resided at the time of its execution
THURSDAY, FEBRUARY 23, 1989
1339
and, if a nonresident, in the county where the personalty conveyed is located. Deeds or bills of sale not recorded shall remain valid against the persons executing them. The effect of the failure to record deeds and bills of sale shall be the same as the effect of the failure to record a deed of bargain and sale.
(b) A deed to secure debt shall not be recorded unless it includes the mailing address of the grantee thereof. Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt."
Section 2. Said part is further amended by adding at the end of Code Section 44-14-64, relating to transfers of deeds to secure debt, a new subsection to read as follows:
"(g) A transfer of a deed to secure debt shall not be recorded unless it includes the mailing address of the last transferee thereof. Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Isakson of the 21st moves to amend the Committee substitute to HB 124 as follows:
By adding on page 2 after line 18 a new subsection "h" to read as follows:
"h. A grantor or his transferee shall be entitled to receive without charge a payoff balance from the holder of a deed to secure debt on real property by requesting in writing said balance and providing a self-addressed stamped envelope.".
The following amendment was read and lost:
Representative Barnett of the 59th moves to amend the Committee substitute to HB 124 as follows:
Wherever "deed to secure debt" appears add "or warranty deed".
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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M
Beck Benefield YBenn
Y Birdsong Bishop
Y Bostick Y Branch Y Breedlove 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 Y Colwell
Connell Y Couch
Cox
Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C
Davis.G Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Manner
Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R N Langford Y Lawrence
1340
JOURNAL OF THE HOUSE,
Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley
Y Moody Y Moore Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman
Y Simpson Sinkfield
Y Smith.L
Y Smith.P Smith.T
Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele
Y Stephens Y Teper Y Thomas.C
Thomas.M Thompson Y Thurmond
Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates
Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 1.
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 of the House were taken up for consideration and read the third time:
HB 723. By Representative Holmes of the 28th:
A bill to amend Code Section 36-35-3 of the Official Code of Georgia Annotated, relating to municipal authority to adopt ordinances, rules and regulations and methods of amending municipal charters, so as to require sponsors of petitions to amend municipal charters to obtain petitions from the clerk of the governing authority; to provide for the contents of such petitions.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Bargeron N Barnett.B Y Barnett.M
YBeck Y Benefield
YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove 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 N Colbert Y Coleman Y Colwell
Y Connell Y Couch
Cox Y Crawford Y Crosby Y Cummings,B
Y Cummings.M Y Davis.C
Davis.G
Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene N Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson, W Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D
Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B
McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Porter
Y Poston Y Powell Y Rainey Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L
Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele
THURSDAY, FEBRUARY 23, 1989
1341
Stephens
Y Teper Y Thomas.C
Thomas.M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Walker.L
Y Wall
Y Ware
Watson Y Watts N White Y Wilder
Y Williams.B Williams.J
Y Yates Y Yeargin
Murphy .Spkr
On the passage of the Bill, the ayes were 152, nays 4. The Bill, having received the requisite constitutional majority, was passed.
HB 719. By Representatives Milam of the 81st, Cheeks of the 89th, Long of the 142nd, Crawford of the 5th, Davis of the 72nd and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to prohibit the sale at retail of certain cleaning agents and chemical water conditioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom
Y Bannister Y Barfoot
Bargeron
Y Barnett.B Barnett.M
YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick
Branch Y Braedlove
Brooks Y Brown Y Buck
Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y 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.C Y Davis.G Y Davis.M
Dixon,H Dixon.S Y Dobbs Y Dover YDunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Greene Y Gresham Y Griffin Y Groover
Y Hamilton Manner
Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Linder YLong
YLord Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows
Milam Mobley Y Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M Y Orr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Rainey Y Randall
Y Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith.P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F
Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Barnett of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
1342
JOURNAL OF THE HOUSE,
HB 634. By Representatives Steele of the 97th, Watts of the 41st, Adams of the 79th, Dobbs of the 74th, Alford of the 57th and others:
A bill to amend Code Section 16-12-160 of the Official Code of Georgia Annotated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, so as to provide for a definition.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 16-12-160 of the Official Code of Georgia Annotated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, so as to provide for an additional prohibition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-12-160 of the Official Code of Georgia Annotated, relating to the crime of buying or selling or offering to buy or sell the human body or parts thereof, is amended by striking subsections (a) and (b) in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body or buy or sell a human fetus or any part thereof.
(b) The prohibition contained in subsection (a) of this Code section shall not apply to:
(1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair;
(2) A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44;
(3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of hts the person's body;
(4) The payment of financial assistance under a plan of insurance or other health care coverage;
(5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or
(6) The payment of reasonable costs associated with the removal, storage, or transportation of a human body or any part of a human body given or donated for medical or scientific purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey
Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett,M
Beck Y Benefield
Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove 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
Cox Y Crawford
THURSDAY, FEBRUARY 23, 1989
1343
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C N Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin
Groover
Y Hamilton Manner
Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson
N Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder
Y Long
YLord Y Lucas Y Lupton
Y Mangum Martin
Y McCoy McDonald
Y McKelvey McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Moore Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Rainey
Randall
Y Ransom YRay Y Reaves Y Redding N Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Titus Y Tolbert N Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 150, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative McDonald of the 12th 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 Resolution of the House was taken up for consideration and read the third time:
HR 277. By Representatives Birdsong of the 104th and Hudson of the 117th: A resolution designating the A. T. Land, Sr., Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Aaron Y Abernathy
Adams Y Aiken
Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford
YByrd Carrell
Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
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.C Davis.G
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards
Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Holland
Holmes Y Hooks
Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D
Y Lane.R Y Langford
Lawrence Y Lawson YLee Y Linder Y Long YLord
1344
JOURNAL OF THE HOUSE,
Lucas
Y Lupton Mangum Martin
Y McCoy Y McDonald Y McKelvey
Y McKinney.B
Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Moultrie
Y Mueller
Oliver.C Y Oliver.M Y On, Y Orrock Y Padgett Y Pannell
Y Parham
Y Parrish
Patten Y Pettit
Pinkston Poag Y Porter Y Poston
Y Powell
Y Rainey
Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson
Ricketson
Robinson
Y Royal Selman
Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Y Smith.T
Y Smith,W
Smyre Y Snow
Stancil.F Y Stancil.S
Stanley Y Steele
Y Stephens
Y Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Titus Y Tolbert
Y Townsend
Twiggs
Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Ware
Y Watson
Y Watts
White Wilder Y Williams,B Y Williams.J Y Yates 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 Redding of the 50th arose to a point of personal privilege and addressed the House.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 731. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs required by the "Quality Basic Education Act," so as to provide that the school readiness assessment prepared by the State Board of Education shall be uniform state wide for all students entering first grade.
The following Committee substitute was read:
A BILL
To amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs required by the "Quality Basic Education Act," so as to provide for the uniform administration of certain instruments to all public school students in certain grades; to provide for emphasis and content of certain assessments; to provide who shall receive results of certain tests; to prohibit matrix sampling; to change a certain term; to provide for a uniform state-wide readiness assessment for all students entering first grade; to provide for components of certain evaluations and profiles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs required by the "Quality Basic Education Act," is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Board of Education shall adopt norm-referenced and criterionreferenced instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally normreferenced instruments shall be administered to all public school students in grades two, four, seven, and nine, and the instrument adopted for each grade shall be administered uniformly state wide. Criterion-referenced instruments, or other instruments that the
THURSDAY, FEBRUARY 23, 1989
1345
state board may develop which measure student performance relative to the uniformly sequenced core curriculum approved by the state board pursuant to Code Section 20-2-140, shall be administered to all public school students in grades one, three, six, eight, and ten, and the instrument adopted for each grade shall be administered uniformly state wide. All such norm-referenced and criterion-referenced assessments shall place emphasis upon reading, writing, and mathematics, btrt Norm-referenced assessments shall also include science and social studies. The nationally normed assessments shall provide all public school students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. The practice of matrix sampling shall not be used in the administration of state adopted nationally norm-referenced tests. The State Board of Education state board shall participate in the National Assessment of Educational Progress (NAEP). The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education state board and shall be reported to the citizens of Georgia. Further, the state board shall adopt a uniform state-wide school readiness assessment for all students entering first grade, which shall include a nationally norm-referenced instrument, and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. The state board shall develop, subject to appropriation by the General Assembly, a comprehensive item bank which shall be representative of all grade levels and content areas contained within the uniformly sequenced core curriculum approved by the state board pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at each grade level shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels relative to said curriculum. These assessments of student achievement shall be used as one of the criteria for awarding salary supplements on a career ladder program pursuant to Code Section 20-2-213 and as one of the components in of the comprehensive evaluation evaluations and profiles pursuant to Code Section 20-2-282."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and lost:
Representative Heard of the 43rd moves to amend the Committee substitute to HB 731 as follows:
Lines 29 and 30 page 2 delete after the word grade the words:
", which shall include a nationally norm-referenced instrument,".
The following amendment was read:
Representatives Lane of the lllth and Godbee of the 110th move to amend the Committee substitute to HB 731 as follows:
Strike beginning on page 2 line 27 the sentence:
"Further, the state board shall adopt a uniform statewide school readiness assessment for all students entering first grade, which shall include a nationally norm-referenced instrument, and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code section 20-2-151.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Aaron N Abernathy N Adams
N Aiken N Alford Y Alien
N Athon N Atkins N Bailey
N Baker Balkcom
N Bannister
N Barfoot N Bargeron Y Barnett.B
1346
JOURNAL OF THE HOUSE,
N Barnett.M NBeck N Benefield
Y Benn N Birdsong
Bishop N Bostick N Branch
N Breedlove
Y Brooks
N Brown
N Buck N Buford YByrd N Carrell
N Carter N Chambless N Chance N Cheeks Y Childers
Clark.B N Clark.H
Clark.L N Colbert Y Coleman
Colwell N Connell
N Couch
Cox N Crawford
Crosby
N Cummings.B Y Cummings.M
N Davis.C
Y Davis.G
N Davis.M
Dixon.H N Dixon.S Y Dobbs Y Dover N Dunn N Edwards
N Ehrhart N Felton N Fennel
Floyd Y Foster Y Godbee
N Goodwin N Green N Greene
N Gresham Y Griffin
N Groover
N Hamilton
N Hanner
N Harris N Hasty Y Heard Y Herbert N Holcomb N Holland Y Holmes N Hooks
N Howren N Hudson
N Irwin
N Isakson
N Jackson.J N Jackson.W
Y Jamieson
Y Jenkins
Y Johnson
N Jones N Kilgore
Y Kingston
N Lane.D
Y Lane,R
Y Langford N Lawrence N Lawson NLee Y Linder
N Long
NLord N Lucas N Lupton N Mangum
Y Martin N McCoy N McDonald
Y McKelvey
N McKinney.B
Y McKinney.C Y Meadows N Milam N Mobley Y Moody N Moore
N Morton
Y Moultrie
Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock N Padgett
Y Pannell
N Parham N Parrish N Patten N Pettit N Pinkston YPoag
Y Porter
N Poston
Y Powell
N Rainey Y Randall N Ransom
Y Ray N Reaves Y Redding N Richardson Y Ricketson N Robinson Y Royal Y Selman N Simpson Y Sinkfield N Smith.L Y Smith.P
On the adoption of the amendment, the ayes were 57, nays 106. The amendment was lost.
Smith.T N Smith.W N Smyre
N Snow Y Stancil.F N Stancil.S
Stanley N Steele
Y Stephens N Teper Y Thomas.C Y Thomas.M N Thompson
N Thurmond
N Titus Y Tolbert N Townsend Y Twiggs N Vaughan N Waddle
Walker.C
Walker.L
Y Wall Ware
N Watson
N Watts
White N Wilder Y Williams.B Y Williams,J Y Yates 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.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Aaron N Abernathy Y Adams Y Aiken Y Alford N Alien
Y Athon Y Atkins Y Bailey N Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
N Barnett.B Y Barnett.M YBeck Y Benefield
N Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N 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
Clark.L
Y Colbert Y Coleman Y Colwell Y Connell Y Couch
Cox
Y Crawford
Y Crosby
Y Cummings.B N Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs
N Dover
Y Dunn
Y Edwards
Y Ehrhart
Y Felton Y Fennel
Y Floyd
Y Foster Godbee
Y Goodwin
Green Y Greene Y Gresham N Griffin Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty
N Heard
N Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin
Y Isakson Y Jackson.J Y Jackson.W Y Jamieson N Jenkins
Y Johnson
Y Jones Y Kilgore
N Kingston Y Lane.D
Y Lane,R N Langford Y Lawrence Y Lawson YLee
Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
N Martin
Y McCoy Y McDonald Y McKelvey Y McKinney.B
N McKinney.C
N Meadows Y Milam Y Mobley Y Moody Y Moore
Y Morton
Y Moultrie
N Mueller Oliver.C
N Oliver.M
YOrr
N Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Y Pinkston
N Poag N Porter Y Poston N Powell Y Rainey
Y Randall Y Ransom
THURSDAY, FEBRUARY 23, 1989
1347
N Ray Y Reaves Y Redding Y Richardson N Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre
Y Snow N Stancil.F Y Stancil.S
Stanley N Steele Y Stephens Y Teper Y Thomas.C N Thomas.M
Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend N Twiggs Y Vaughan Y Waddle
Walker.C
Walker.L Y Wall
Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B N Williams.J
N Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 136, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolution of the House was read and adopted:
HR 320. By Representatives McKinney of the 40th, Redding of the 50th, Johnson of the 123rd and Hudson of the 117th:
A resolution honoring Representative Cynthia McKinney's father.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Education:
HB 67. By Representative Wall of the 61st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school.
Representative Colbert of the 23rd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 723.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 187. By Senators Johnson of the 47th, Albert of the 23rd and Dawkins of the 45th:
A bill to amend Code Section 11-3-508 of the Official Code of Georgia Annotated, relating to notice of dishonor under the "Uniform Commercial Code Commercial Paper" article, so as to provide that upon request of any party to an instrument, the drawee shall provide an affidavit giving the specific reason for dishonor.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
1348
JOURNAL OF THE HOUSE,
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford
Y Byrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H
Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby
Cummings.B Y Cummings.M Y Davis.C
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson, W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong Y Lord
Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B
McKinney,C Y Meadows Y Milam Y Mobley
Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts
Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 617. By Representatives Royal of the 144th and Long of the 142nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to certain fees and taxes with respect to insurance, so as to change certain provisions relating to the funding of services in unincorporated areas of counties levying tax under such chapter; to change the authorized uses of the proceeds of such taxes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to certain fees and taxes with respect to insurance, so as to change certain provisions relating to the funding of services and reduction of ad valorem taxes in unincorporated areas of counties levying tax under such chapter; to change the authorized uses of the proceeds of such taxes; to provide for reduction of certain ad valorem taxes in certain special districts; to change the provisions relating to the adoption of budgets utilizing any of the funds derived from certain taxes; 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 certain fees and taxes with respect to insurance, is amended by striking Code Section 33-8-8.3, relating to the funding of services in unincorporated areas of counties levying tax under such chapter, and inserting in its place a new Code Section 33-8-8.3 to read as follows:
THURSDAY, FEBRUARY 23, 1989
1349
"33-8-8.3. (a) 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 directly or by intergovernmental contract as authorized by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia:
(A) Police protection, except such protection provided by the county sheriff; (B) Fire protection; except such protection provided by a volunteer fee department certified pursuant to Article 2 ef- Chapter 3 ef T4tre 2; (C) Curbside or on-site residential or commercial garbage and solid waste collection; (D) Curbs, sidewalks, and street lights; er (E) In the discretion of the governing authority of the county, such other services as may be provided by the county governing authority solely to the inhabitants of the unincorporated area of the county; or (2) Reducing ad valorem taxes of the inhabitants of the unincorporated areas of 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 subsection 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 any of the proceeds derived from any tax provided for in this chapter which cannot be expended pursuant to paragraph (1) of this Code section subsection. (b) Application of the proceeds of any tax provided for in this chapter to reduce an ad valorem tax levy used to fund the provision of any service enumerated m paragraph (1) of subsection (a) of this Code section to inhabitants of a special district or districts in the unincorporated area by a municipality pursuant to a contract with a county shall be at the sole discretion of the county governing authority; provided, however, that the entire unincorporated area of the county must be located within the boundaries of one or more such districts. (c| In the adoption of the budget utilizing any of the funds derived from the tax imposed by Code Section Sections 33-8-8.1 and 3-8-8.2 the governing authority of a county shall specify in such budget the amount of such funds expended as authorized by paragraph (1) of subsection (a} of this Code section or used to reduce ad valorem taxes as provided in this paragraph (2) of subsection (a) 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) of subsection (a) of this Code section. Such provisions shall be spread on the minutes of the meeting at which such budget is adopted."
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 Abernathy
Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot
Y Bargeron
Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn
Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
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
Cox
Y Crawford Y Croshy
Y Cummings.B
Y Cummings.M Y Davis.C Y Davis.G Y Davia.M Y Dixon.H
Y Dixon.S Dobbs
Y Dover
1350
JOURNAL OF THE HOUSE,
Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson
Y Irwin
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence
Y Lawson
YLee Y Under
YLong
Y Lord Lucas
Y Lupton Mangum
Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr
Orrock Y Padgett
Y Pannell Y Parham
Y Parrish
Y Patten Y Pettit
Y Pinkston
YPoag
Porter
Y Poston Y Powell
Y Rainey Y Randall Y Ransom YRay
Y Reaves Y Redding N Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil.F
Y Stancil.S Stanley
Y Steele
Y Stephens
Y Teper Y Thomas.C Y Thomas,M Y Thompson
Y Thurmond
Y Titus Y Tolbert
Y Townsend
Y Twiggs
Y Vaughan
Y Waddle Y Walker,C
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder
Y Williams.B Y Williams,J Y Yates
Y Yeargin
. Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker Pro Tem announced the House in recess until 1:30 o'clock this afternoon.
THURSDAY, FEBRUARY 23, 1989
1351
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 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 38. By Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th: A bill to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions regarding handicapped persons, so as to provide for a definition; to provide for the establishment of the Georgia Service Center for Hearing Impaired Persons and the services to be provided by that center.
The President has appointed on the part of the Senate the following: Senators Howard of the 42nd, Johnson of the 47th and Starr of the 44th.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:
HB 96. By Representative Barnett of the 10th: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to change the provisions relating to compensation of court bailiffs and expense allowances for jurors.
The President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, Walker of the 43rd and Echols of the 6th.
Representative Holmes of the 28th 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
Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 452 Do Pass, by Substitute HB 529 Do Pass
Respectfully submitted, /&/ Holmes of the 28th
Chairman
Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:
1352
JOURNAL OF THE HOUSE,
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 260 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
The following Resolutions of the House and Senate were read and adopted:
HR 324. By Representatives Howren of the 20th, Thompson of the 20th, Ehrhart of the 20th, Clark of the 20th, Vaughan of the 20th and others:
A resolution commending and recognizing the McEachern High School wrestling team.
HR 325. By Representative Stancil of the 66th: A resolution commending William Mark Dawson.
HR 326. By Representative Dunn of the 73rd: A resolution commending Henry County High School.
HR 327. By Representative Dunn of the 73rd: A resolution commending John Daniel.
HR 328. By Representatives Twiggs of the 4th and Colwell of the 4th:
A resolution commending the Towns County High School baseball team and inviting the team to appear before the House of Representatives.
HR 329. By Representative Mobley of the 64th: A resolution commending Bethany Rowell Caldwell.
HR 330. By Representatives Colwell of the 4th, Murphy of the 18th, Kilgore of the 42nd, Twiggs of the 4th, McDonald of the 12th and others:
A resolution expressing regret at the passing of Richard D. Sanborn, Jr., Esq.
HR 331. By Representative Heard of the 43rd: A resolution commending Mrs. Janet Kutcher.
HR 332. By Representative Mobley of the 64th: A resolution commending T. J. Standridge.
HR 333. By Representative Hamilton of the 124th:
A resolution commending Georgia Court Appointed Special Advocates (CASA).
THURSDAY, FEBRUARY 23, 1989
1353
HR 334. By Representative Holland of the 136th:
A resolution commending Ms. Mary Alice Shipp and the Worth County Save the Children Committee.
HR 335. By Representative Holland of the 136th: A resolution commending Mr. John R. Rogers.
HR 336. By Representative Holland of the 136th: A resolution commending Mr. Marvin Ward.
HR 337. By Representatives Snow of the 1st and Hamilton of the 124th:
A resolution commending the Purchase of Services for Juvenile Offenders program.
HR 338. By Representative Mobley of the 64th: A resolution commending Mr. Larry Jones of Winder, Georgia.
HR 339. By Representatives Clark of the 13th, Yeargin of the 14th, McDonald of the 12th, Irwin of the 13th and Murphy of the 18th:
A resolution expressing regret at the passing of James Christopher "Chris" Starrett.
HR 340. By Representatives Buck of the 95th, Bishop of the 94th, Robinson of the 96th, Smyre of the 92nd, Moultrie of the 93rd and Steele of the 97th:
A resolution paying tribute to Mary Margaret Byrne.
HR 341. By Representative Holland of the 136th: A resolution commending Mr. Wright Wilson Minis.
HR 342. By Representative Holland of the 136th: A resolution commending Henry Gordon Davis, Jr., M.D.
HR 343. By Representative Holland of the 136th: A resolution commending Mr. Joe A. McNair.
HR 344. By Representatives Holland of the 136th and Hanner of the 131st: A resolution commending Mr. Lawrence Keith Turner.
HR 345. By Representative Holland of the 136th: A resolution commending Ms. Alice Conway and the Worth County Mission.
HR 346. By Representative Holland of the 136th: A resolution commending Mr. B. E. Walker.
1354
JOURNAL OF THE HOUSE,
HR 347. By Representative Holland of the 136th: A resolution commending Mr. William G. Hardin, Jr..
HR 348. By Representative Carter of the 146th:
A resolution commending the Berrien County High School baseball team and Head Coach Bart Shuman.
SR 170. By Senator Coleman of the 1st:
A resolution commending the Citizens' Committee for Skidaway Island State Park, Union Camp Corporation, and the Branigar Organization, Inc.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 309. By Representatives Gresham of the 21st, Alford of the 57th, McCoy of the 1st, Martin of the 26th, Waddle of the 113th and others:
A resolution commending Bobby Ross and inviting him to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 716. By Representatives Crosby of the 150th and Coleman of the 118th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to unauthorized payments and overpayments of public assistance under social services programs, so as to provide for recovery when any person receives any unauthorized payment or overpayment.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 689. By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the "Boiler and Pressure Vessel Safety Act," so as to change provisions relating to an exemption from certain requirements for certain pressure vessels used for the storage of liquefied propane gas.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the "Boiler and Pressure Vessel Safety Act," so as to change provisions relating to an exemption from certain requirements for certain pressure vessels used
THURSDAY, FEBRUARY 23, 1989
1355
for the storage of liquefied propane gas; 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 34-11-7 of the Official Code of Georgia Annotated, relating to exemptions under the "Boiler and Pressure Vessel Safety Act," is amended by striking paragraph (5) of subsection (b) and inserting in its place a new paragraph to read as follows:
"(5) Pressure vessels used for storage of liquid propane gas5 2,000 gallons and below, under the jurisdiction of NFPA 87 end which are inspected OR a regular basis by the state fire marshal er a local fire marshal , except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered."
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 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 638. By Representatives Hooks of the 116th, Lawson of the 9th, Childers of the 15th and Parham of the 105th:
A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change the provisions regarding payment for services.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change the provisions regarding payment for services; 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 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, is amended by striking Code Section 37-5-9, relating to payment for services, and inserting in its place a new Code section to read as follows:
"37-5-9. T-he community residential services provided tinder this chapter shal} be covered oy L^naptcr y ot tnis title; relating to trie payment ot tnc cost 01 care f^t persons admitted or committed te state restitutions which come under the management and con-
trainmg services snail not fee covered rjy onapter y ot tnis title, i ne department and its contractors are authorized to charge fees for community services they provide under this chapter based upon ability to pay, in accordance with guidelines established by the department. When such services are provided by county boards of health, Code Section 31-3-4 authorizes the establishment of fees for the services. No person shall be denied services on the basis of inability to pay."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
1356
JOURNAL OF THE HOUSE,
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 686. By Representatives Watson of the 114th, Dunn of the 73rd, Snow of the 1st, Connell of the 87th, Oliver of the 53rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon requirements imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from outof-state mail order pharmacies.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 706. By Representatives Twiggs of the 4th and Moody of the 153rd:
A bill to amend Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents, so as to remove the prohibition against the eligibility of narcotics agents for participation in the Peace Officers' Annuity and Benefit Fund.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Alien
Y Athon Atkins
Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Y Benn
Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck
Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Clark.B Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby
Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham
Griffin
Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes
Y Hooks Y Howren Y Hudson
Y Irwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter
Y Poston Y Powell
Y Rainey Randall
Y Ransom
THURSDAY, FEBRUARY 23, 1989
1357
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Thomas.M Thompson
Y Thurmond Y Titus
Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall
Ware
Y Watson
Y Watts Y White Y Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 599. By Representatives Floyd of the 154th, Porter of the 119th and Smith of the 78th:
A bill to amend Code Section 15-12-81 of the Official Code of Georgia Annotated, relating to notice of upcoming appointment by the grand jury, so as to provide that any board, authority, or entity whose members are elected, selected, or appointed by the grand jury of a county shall notify the clerk of superior court of the upcoming appointment.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Y Benn
Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford
Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford Y Crosby
Cummings.B
Cummings.M Y Davis.C Y Davis.G
Davis.M Dixon.H
Y Dixon.S Dobbs
Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin j Y Groover Y Hamilton
Y Manner Y Harris
Y Hasty Y Heard
Herbert Y Holcomb
Y Holland Holmes
Y Hooks Y Howren
Y Hudson Y Irwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee
Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley
Moody Y Moore Y Morton Y Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter
Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay
Y Reaves N Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson
Y Sinkfield
Y Smith,L Y Smith.P Y Smith.T
Smith.W Smyre YSnow Y Stancil.F Y Stancil.S Stanley
Y Steele Y Stephens Y Teper
Thomas.C
Thomas.M Thompson
Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 147, nays 1. The Bill, having received the requisite constitutional majority, was passed.
1358
JOURNAL OF THE HOUSE,
SB 200. By Senators Starr of the 44th, Deal of the 49th and Collins of the 17th:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving a motor vehicle while license suspended or revoked, and Code Section 40-6-390, relating to the serious offense of reckless driving, so as to change the periods of incarceration and the amounts of fines which may be imposed for violations of said Code sections.
The report of the Committee, which was favorable to the 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
N Abernathy
Y Adams Aiken
Y Alford Alien
Y Athon N Atkins
Y Bailey N Baker
Y Balkcom Y Bannister
Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck N Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Clark.H Y Clark,L Y Colbert
Y Coleman Y Colwell
Connell Couch Cox Y Crawford Crosby Y Cummings.B N Cummings.M Y Davis.C Y Davis.G N Davis.M Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Floyd Y Foster N Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks N Howren
Y Hudson Ylrwin YIsakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
N Lane,R N Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald
Y McKelvey McKinney.B
Y McKinney.C N Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell Y Rainey Y Randall
Y Ransom NRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson
Sinkfield Y Smith,L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow N Stancil.F Y Stancil,S
Stanley Steele
Y Stephens Y Teper
Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Titus
Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall
Ware Y Watson Y Watts N White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 136, nays 15. The Bill, having received the requisite constitutional majority, was passed.
Representative Athon of the 57th moved that HB 731 be ordered immediately transmitted to the Senate.
The following caption was read:
HB 731. By Representatives Athon of the 57th and Mangum of the 57th:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs required by the "Quality Basic Education Act," so as to provide that the school readiness assessment prepared by the State Board of Education shall be uniform state wide for all students entering first grade.
THURSDAY, FEBRUARY 23, 1989
1359
On the motion, the roll call was ordered and the vote was as follows:
N Aaron N Abernathy N Adams Y Aiken Y Alford
Alien Y Athon N Atkins Y Bailey Y Baker N Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch N Breedlove N Brooks
Brown Y Buck
Y Buford NByrd Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks N Childers
Clark.B
Y Clark.H Y Clark.L Y Colbert Y Coleman
Colwell Connell
N Couch Cox
N Crawford
Crosby Cummings,B N Cummings.M Y Davis.C N Davis.G Y Davis.M Dixon.H Y Dixon.S N Dobbs N Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Floyd
N Foster N Godbee
Y Goodwin Y Green Y Greene Y Gresham N Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty N Heard N Herbert
Y Holcomb Holland Holmes
Y Hooks N Howren Y Hudson Y Irwin N Isakson
Y Jackson,J Y Jackson.W
Jamieson N Jenkins
Y Johnson N Jones Y Kilgore Y Kingston Y Lane.D N Lane.R N Langford Y Lawrence Y Lawson
YLee Y Under
YLong Y Lord
Lucas Y Lupton Y Mangum N Martin Y McCoy
McDonald N McKelvey
McKinney,B
On the motion, the ayes were 106, nays 43. The motion was adopted.
N McKinney.C N Meadows
Milam
Y Mobley Y Moody Y Moore Y Morton
Moultrie N Mueller
Oliver.C N Oliver.M YOrr N Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston N Powell Y Rainey Y Randall Y Ransom
NRay Y Reaves
Redding Y Richardson N Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Sinkfield N Smith.L N Smith.P Y Smith.T
Smith.W Y Smyre YSnow N Stancil,F Y Stancil.S
Stanley N Steele Y Stephens Y Teper Y Thomas.C
Thomas.M N Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J
N Yates Y Yeargin
Murphy.Spkr
By unanimous consent, HB 731 was ordered immediately transmitted to the Senate.
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 725. By Representatives Dobbs of the 74th, Colwell of the 4th and Lane of the lllth:
A bill to amend Code Section 50-16-161 of the Official Code of Georgia Annotated, relating to the applicability to movable personal property of the central inventory of personal property maintained by the Department of Administrative Services, so as to change the provisions relating to the acquisition costs of an agency's personal property required to be included in the inventory.
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield YBenn Y Birdsong
1360
JOURNAL OF THE HOUSE,
Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Buck
Y Buford
YByrd
Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert
Y Coleman Y Colwell
Connell Y Couch
Cox
Y Crawford
Crosby
Y Cummings.B Cummings.M
Y Davis.C Y Davis.G
Y Davis.M
Dixon.H
Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton
Fennel Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb
Y Holland Holmes
Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson.W
Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford
Y Lawrence
Y Lawson
YLee Y Under
YLong
YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton Y Moultrie
Y Mueller Oliver.C
Y Oliver.M
YOrr Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Y Patten
Y Pettit
Y Pinkston YPoag
Y Porter
Y Poston Y Powell Y Rainey Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow
Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Teper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan
Waddle Walker.C Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 592. By Representatives Smith of the 152nd, Byrd of the 153rd, Jackson of the 9th, Moody of the 153rd, Mangum of the 57th and others:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 40, so as to change the definition of the term "school bus".
The report of the Committee, which was favorable to the passage of 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 Abernathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Beck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Chance
Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Couch
Cox Y Crawford
Crosby
Y Cummings.B Y Cummings,M YDavis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Y Groover
Y Hamilton Y Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D
Y Lane.R Y Langford
Y Lawrence Y Lawson YLee
Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Moore Y Morton
THURSDAY, FEBRUARY 23, 1989
1361
Y Moultrie Y Mueller
Oliver.C Y Oliver.M
Y Orr
Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston
Y Poag Y Porter Y Poston Y Powell
Y Rainey
Y Randall Y Ransom Y Ray
Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith.L
Y Smith.P Y Smith.T
Smith.W Y Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley
Y Steele Y Stephens Y Teper
Thomas.C
Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Y Ware
Y Watson
Y Watts Y White
Wilder Y Williams.B
Williams.J Y Yates 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.
By unanimous consent, HB 592 was ordered immediately transmitted to the Senate.
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 Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 102 Do Pass, as Amended HR 103 Do Pass, as Amended HR 109 Do Pass, as Amended HR 215 Do Pass
HR 217 Do Pass HR 222 Do Pass, as Amended HR 240 Do Pass, as Amended HR 241 Do Pass, as Amended
Respectfully submitted, /s/ McDonald of the 12th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 332 Do Pass, by Substitute HB 590 Do Pass, as Amended HB 839 Do Pass
HB 922 Do Pass HR 317 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
1362
JOURNAL OF THE HOUSE,
Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 107 Do Pass, by Substitute HR 295 Do Pass, by Substitute SB 63 Do Pass SB 257 Do Pass, by Substitute SB 261 Do Pass, by Substitute SR 5 Do Pass SR 25 Do Pass SR 62 Do Pass
SR 63 Do Pass, by Substitute SR 67 Do Pass, by Substitute SR 68 Do Pass SR 120 Do Pass SR 126 Do Pass SR 127 Do Pass SR 132 Do Pass
Respectfully submitted, M Colwell of the 4th
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 9:00 o'clock, tomorrow morning.